Glenn v. Johnson State Prison et al

Filing 30

ORDER adopting 22 Report and Recommendations as the Court's opinion; denying 27 Motion Objecting to Dismissal; finding as moot 21 Motion my Mama Forgot to Pay $45.00 Initial Fee. This case is dismissed without prejudice as a sanction for Plaintiff's abuse of the judicial process and closes this civil action. Signed by Judge Dudley H. Bowen on 02/09/2018. (jlh)

court

AUGUS FA DiV.

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN D STRICT OF GEORGIA
DUBLIN D VISION

2018 FEB-9 PM3;00
CLERK
SO.

KENNETH GLENN,

Plaintiff,
V.

JOHNSON STATE PRISON; MRS. K.
WILLIAMS, Chief Counselor; MRS.
WICKER HUMPHRIES, Counselor; SHAWN
EMMONS, Warden; MRS.PRICE, Deputy
Warden; MRS. BAKER, Counselor;
JEFFREY WIGGINS, Sergeant; MR.
O'NEAL, Unit Manager; GOVERNOR
NATHAN DEAL; HOMER BRYSON,
Commissioner GDC; GDC; MR. JEFFERSON

CV 317-059

Deputy Warden of Security; MRS.PERRY,
Mental Health Counselor; JOHN DOE,
Johnson State Prison's Medical Provider;
JSP MEDICAL DIRECTOR; MRS.
ANDREWS-BODI, NA/PA; BRIAN DOE,

Nurse; JSP PSYCHIATRIC PROVIDER; and
JOHN DOE,JSP Psychiatric Provider's
Director,
Defendants.

ORDER

After a careful, de novo review of the file, the Court concurs with the Magistrate

Judge's Report and Recommendation, to which objections have been filed. (Doc. no. 27.)
Plaintiff concedes he "forgot" to include his lawsuit against the Madison County Sheriffs

Department but "beg[s] this Court's forgiveness" and asks the Court to excuse his mistake.
(Id.) The Court declines to do so. The instructions in the complaint form are clear. They

ask Plaintiff to "describe each lawsuit in the space below," and instruct Plaintiff that "[i]f
there is more than one lawsuit, describe the additional lawsuits on another piece ofpaper,

using the same outline." (Doc. no. 18, p. 1 (emphasis added).) Plaintiff listed two of his
prior cases, but not Glenn v. Madison County Sheriffs Department et al.. CV 316-008(M.D.
Ga. Oct. 26, 2015). (Id at 1-2.) Finally, as the case law cited in the Report and

Recommendation makes clear, failing to disclose prior filing history will not be tolerated,

and the Eleventh Circuit has repeatedly approved of dismissing a case without prejudice as a
sanction. (See doc. no. 22, pp. 3-4.)

In sum. Plaintiff abused the judicial process by providing dishonest information about

his prior filing history. Nothing in these objections changes that fact. Accordingly, the
Court ADOPTS the Report and Recommendation of the Magistrate Judge as its opinion,
DENIES Plaintiffs Motion Objecting to Dismissal (doc. no. 27), DENIES AS MOOT

Plaintiffs Motion My Mama Forgot to Pay $45.00 Initial Fee (doc. no. 21), DISMISSES

this case without prejudice as a sanction for Plaintiffs abuse of the judicial process, and
CLOSES this civil action.
SO ORDERED this

2a

day of February, 2018, at Augusta, Georgia.

UNITED STATES DISTRICT JUDGE