Williamson v. County of Johnson et al

Filing 10

ORDER ADOPTING 5 Report and Recommendations, OVERRULING the objections, DISMISSING this case without prejudice, DIRECTING the Clerk of Court to return Plaintiff's procedurally improper $10.00 payment, and CLOSING this civil action. Signed by Judge Dudley H. Bowen on 08/28/2018. (maa)

FjLED
IN THE UNITED STATES DISTRICT COURT
AUou-"> I 'I Uj f.

FOR THE SOUTHERN DISTRICT OF GEORGIA

2018 AUG 28 PH 3: 5**

DUBLIN DIVISION

CLERK
SO

DOUGLAS BRITT WILLIAMSON,

Plaintiff,
CV 318-041

V.

COUNTY OF JOHNSON;
DEPT. GEORGIA CORRECTION;
KEITH MILNER; MARTHA WALSH;
JIMMY HENSLEY; COUNTY OF
BARTOW; WARDEN ANTOINE
CALDWELL;and JOHNSON STATE
PRISON,
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. 8.)
The Magistrate Judge recommended dismissing this case without prejudice because Plaintiff

failed to return the necessary papers to proceed in forma pauperis and had not paid the full
filing fee. (See doc. no. 5.) Nothing in Plaintiffs objections convinces the Court that
dismissal of this case is improper.
In an Order dated June 7, 2018, the Court instructed Plaintiff to return his Prisoner

Trust Fund Account Statement and Consent to Collection of Fees forms within thirty days.
(Doc. no. 4.) Plaintiff was further instructed that his failure to return the forms would be an

election to have his case voluntarily dismissed. (Id.) Although Plaintiff belatedly submitted
his Prisoner Trust Fund Account Statement after the recommendation for dismissal had been

entered,(doc. no. 7), he still has not submitted the Consent to Collection of Fees from Trust
Account provided to him nearly two months ago.

In his objections, Plaintiff argues the Business Office at Johnson State Prison is to
blame for the delay in returning his Prisoner Trust Fund Account Statement, but Plaintiff
never addresses why he has not returned the consent form that required only his signature.
("See doc. no. 8.) Plaintiff clearly is able to correspond with the Court when he chooses, as
evidenced by the belated submission of his Prisoner Trust Fund Account Statement, the filing
of objections to the recommendation for dismissal, and the submission of an amended
complaint. (See doc. nos. 7, 8, 9.) He simply chose not to comply with the instructions in
the Court's June 7th Order regarding submission of his Consent to Collection of Fees from
Trust Account. Therefore this case is due to be dismissed

Should Plaintiff decide that he wants to pursue his claims and is willing to comply

with the instructions of the Court in a complete and timely fashion, nothing in this Order
adopting the recommendation for dismissal puts any additional restrictions on Plaintiffs
future filing activities beyond those already in place for any prisoner filing a new case in
federal court.

Accordingly, the Court OVERRULES the objections, ADOPTS the Report and
Recommendation of the Magistrate Judge as its opinion, DISMISSES this case without
prejudice, DIRECTS the Clerk of Court to return PlaintilTs procedurally improper $10.00
payment, and CLOSES this civil action.

SO ORDERED this

of August, 2018, at Augusta, Georgia.

UNITED STATES DISTRICT JUD(
2