Filing 46

ORDER denying 38 Motion to Withdraw ; denying 40 Motion; denying 42 Motion for New Trial; denying 45 Motion to Strike. Signed by Judge Dudley H. Bowen on 09/14/2020. (maa)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF GEORGIA U.s. DISTRICT COURT AUGUSTA OlV. DUBLIN DIVISION 2D2I! SEP 1M A 10= 00 JEROME ELLIS, 'A* CLER * Plaintiff, so.or^T. ^ ~k * CV 320-033 V. * MS. OLIVER, Nurse Practitioner; * DEPUTY WARDEN GIBBONS, Security; * 'k ANTHONY CALDWELL, Warden; MS. CARSWELL, Mail Officer; k k MS. MESSER, Deputy Warden of k Administration; MS. BRAGGS, k Chief Counsel; AGENTS; JOHN AND OR JANE DOES, Johnson State k Prison; JOHN AND OR JANE DOES, k Medical Administrator; and k k OFFICER THOMAS, k ■k Defendants. ORDER Ellis's Before the Court are pro se Plaintiff Jerome to withdraw signature perpetuate testimony no. to 42) , cross // r/ (doc. (doc. no. no. 38 ) , 40) , \\ \\ motion and motion to strike testimony's oral examination ff (doc. no. notice 45) . \\ motion disposition for new trial ff to (doc. for failure to submit These submissions were filed after the Court adopted the United States Magistrate Judge's Report and Recommendation that Plaintiff's case be dismissed under 28 U.S.C. j udgment. § 1915(g) 's \\ three strikes For the following reasons, // rule and the entry the motions are denied. of In the motion to withdraw signature, Plaintiff cites w Federal Rule of Civil Procedure 36 and asks the Court to to withdraw [his] signature off paper work [he] signed with counsel Roland on 8-12-20 at Johnson State Prison in relation to protential respond // (sic) from Forsyth GA. to grievance [he] filed . remainder of the motion reiterates . Plaintiff's The substantive arguments and states objections to the Report and Recommendation . A request to withdraw an admission under Rule 36, substantive arguments, and objection to the Report and Recommendation are all untimely unclear at this from withdraw his stage which in the document signature. case. or Besides, admission Accordingly, it is Plaintiff Plaintiff's entirely wishes to motion to withdraw signature (doc. no. 38) is DENIED. Plaintiff's second filing attempts to set forth a claim for deliberate indifference to demand for jury trial. his medical needs, even including a To the extent Plaintiff intends to assert a new claim, filing a motion in this case is not the proper vehicle to do so. To the extent Plaintiff intends to support the merits of his initial claim, the time to do so has passed.^ Plaintiff's second filing (doc. no. 40) is therefore DENIED. 1 The Report and Recommendation advised Plaintiff that should he wish "to proceed with the claims raised in this case, he should be required to initiate a new lawsuit, which would require submission of a new complaint. Dupree v. Palmer, 284 F.3d 1234, 1236 (11th Cir. 2002)." (Doc. No. 25.) 2 Next, Plaintiff moves for a new trial pursuant to Rules 15, However, certain grounds must be met for relief to be 59, and 60. Plaintiff's granted under Rules 59 or 60.2 forth any grounds or argument for relief. motion does not set Therefore, Plaintiff's motion for new trial (doc. no. 42) is DENIED. Finally, Plaintiff moves to strike the testimony of all Defendants, apparently on the grounds that he was unable to cross examine them. three strikes examination. in Plaintiff's Complaint was dismissed pursuant to the a civil rule well before any opportunity for cross Besides, there is no right to cross examine witnesses case. See Leatherwood v. Anna's Linens Co., 384 F. App'x 853, 856 (11th Cir. 2010) (citing Birt v. Montgomery, 690, 702 n.2 (11th Cir. 1983)) . Accordingly, Plaintiff's motion to strike (doc. no. 45) is DENIED. ORDER ENTERED at Augusta, Georgia, this 14^h day of September, 2020. UNITEDyST^TES DISTRICJ>^DGE " 2 Rule 15 governs the amendment and supplementation of pleadings, and to the extent Plaintiff moves request is untimely. 3 to amend his pleadings his

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