PERKINS v. CALDWELL et al

Filing 13

ORDER ADOPTING the 8 REPORT AND RECOMMENDATIONS as the Court's opinion, denying Plaintiff's 2 Motion for Leave to Proceed IFP, dismissing this action without prejudice, and closing this case. Signed by Judge Dudley H. Bowen on 01/06/2021. (jlh)

Case 3:20-cv-00065-DHB-BKE Document 13 Filed 01/06/21 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT

rll. ED
U.S. DISTRICT COURT
AUGUSTA DIV.

FOR THE SOUTHERN DISTRICT OF GEORGIA

ZOZl JAN-b All: 52
DUBLIN DIVISION
vLEh).
SHERWIN S. PERICINS,

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Plaintiff
V.

ANTONIO CALDWELL, Warden;
JAMES BLAIR, Deputy Warden;
FAIRVIEW PARK HOSPITAL;
KENNETH COWENS; BILLY
McKenzie, inmate; JAMES MITCHEL,
Inmate; UNIT MANAGER GIBBONS;
PA OLIVER; HALL, Director of Nursing;
LATISHA FRANKLIN, Deputy Warden;
TIMOTHY C. WARD, Commissioner;
MEDICAL COLLEGE OF GEORGIA;
UNIT MANAGER JACKSON; JOHNSON
MESSER, Deputy Warden; CHIEF
COUNSELER BRAGG; and ALFRED
LUNDY, Inmate,
Defendants.

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:~fccl

so. Disr. u^^A:

CV 320-065

ORDER

After a careful, ck novo review of the file, the Court concurs with the Magistrate
Judge’s Report and Recommendation C'R&R”), to which objections have been Hied. (Doc.
no. 12). The Magistrate Judge recommended dismissing the case without prejudice because
Plaintiff has three strikes under 28 U.S.C. § 1915(g) and as a sanction for Plaintiff providing
dishonest information about his filing history. ISee doc. no. 8.) In his objections, Plaintiff
asserts he did not intend to proceed in forma pauperis (“IFP”). (Doc. no. 12, p. 1.)

Case 3:20-cv-00065-DHB-BKE Document 13 Filed 01/06/21 Page 2 of 2

However, Plaintiff never paid the initial filing fee, despite clearly being aware of his
obligation to do so. (Id., at 2.) Rather than paying the filing fee. Plaintiff now requests the
Court allow the case to proceed and send an Order to the business department at Johnson
State Prison ordering them to pay the filing fee. (Id.) The Court declines to do so. As stated
in the Magistrate Judge’s R&R, if Plaintiff wishes to proceed with the claims raised in this
lawsuit, he must initiate a new lawsuit, which would require submission of a new complaint.
(Doc. no. 8, p. 6 (citing Dupree v. Palmer. 284 F.3d 1234, 1236 (11th Cir. 2002).)
Additionally, Plaintiff concedes he filed the undisclosed cases identified in the
Magistrate Judge’s R&R, but asks the Court to excuse his mistakes. (Doc. no. 12). As the
case law cited in the R&R 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. 8, pp. 4-5.) Should Plaintiff decide that he wants to
pursue his claims in the future, 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 Plaintiffs objections, ADOPTS the Report
and Recommendation of the Magistrate Judge as its opinion, DENIES Plaintiffs request to
proceed IFP,(doc. no. 2), DISMISSES this action without prejudice, and CLOSES this civil
action.
SO ORDERED this

day of January, 2021, at Augusta, Georgia.

UNITED STATES^ISTRICT JUDGE
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