Owens v. Morales et al

Filing 18

ORDER denying 4 Motion for TRO; denying 4 Motion for Preliminary Injunction; denying 6 Motion to Appoint Counsel ; denying 8 Motion, enying 12 Motion. Owens is directed, within 21 days of the date this Order is served, to admit or deny that he is the Owens who filed the CV497-248 case. Signed by Magistrate Judge G. R. Smith on 5/26/15. (wwp)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA
SAVANNAH DIVISION
JACKIE DEWAYNE OWENS,
Plaintiff,

Case No. CV414-273

V.

JOSE MORALES, et al.,
Defendants.

ORDER
Coastal State Prison (CSP) inmate Jackie Dewayne Owens filed
this 42 U.S.C. § 1983, prison-conditions complaint arising from: (a) his
medical treatment (prison officials' failure to timely avail him his
prescribed leg brace and adequately treat his hepatitis-C infection); (b)
retaliation for using his prison's grievance process; and (c) his prison's
constructive denial of his access to the courts by failing to avail him free
copying and return-postage to enable court filings. Doc. 1. He seeks
damages and injunctive relief. Id. at 10.
Owens is proceeding in forma pauperis (IFP) and, in screening his
case under 28 U.S.C. § 1915(e)(2)(B)(ii), the Court directed him to ensure

that a fully completed "Prison Trust Fund Account Statement" be filed
with this Court (his filing omitted account-balance information necessary
to determine his filing fee payments). Doc. 13 at 3-4. It also directed
him to disclose, in a "Response to Court Order" filing, the existence of
any additional lawsuits that he filed in the past and include, as best he
was able, the case name, court, case-filing number and what became of
each case. On that same "Response" he was also required to affirm the
date on which he gave the repeat Account Statement form to his
custodian. Id.
In response, Owens has disclosed two prior lawsuits.' But he fails
to admit or deny that the one lawsuit the Court located, Owens v.

Summers, CV497-247, doc. 7 (N.D. Ga. July 13, 1997) (order refusing to
certify good faith of appeal from "motion of bias" ruling), is a third. Doe.
14-1 at 1-2. This information is vital to the Court's determination
1

Quite unusually, one of the lawsuits Owens does reveal is also against the Coastal
State Prison officials, but he is actively litigating it in the Middle District of Georgia.
See Owens v. Chapman, 5:13-CV-299-MTT-MSH, doe. 40 (M.D. Ga. Oct. 22, 2014)
(Report and Recommendation screening, under 28 U.S.C. § 1915A(a), recast prison
conditions complaint); id. at 14-15 (greenlighting "colorable Eighth Amendment
constitutional claims against" prison officials and directing service), adopted as
modified, doe. 49 (M.D. Ga. Jan. 12, 2015), reconsideration denied, doe. 53 (M.D. Ga.
Feb. 26, 2015). No defendant has yet to appear in Chapman, so no venue defense
evidently has been raised there (Coastal State Prison is in this judicial district).
2

whether he is subject to the "three-strikes" provision of 28 U.S.C. §
1915(g).1 Owens is DIRECTED, within 21 days of the date this Order is
served, to admit or deny that he is the Owens who filed the CV497-247
case.' Also, the court has since located Owens v. Van Pelt, CV497-281,
doe. 3 (N.D. Ga. Oct. 24, 1997) ("dismissing case for failure to obey a
lawful order of the court."), and Owens must claim or deny that filing,
too.
Meanwhile, plaintiff also certifies that he "placed the court Order
2

All inmates must pay the $350 filing fee for each case that they file. 28 U.S.C. §
1914. The Prison Litigation Reform Act (PLRA), as codified in statutes like 28 U.S.C.
§ 1915, enables them to pay that on an installment plan. See 28 U.S.C. § 1915(b)(1).
But an inmate otherwise must pay that fee outright if he
has, on 3 or more occasions, while incarcerated or detained in any facility,
brought an action or appeal in a court of the United States that was dismissed
on the grounds that it is frivolous, malicious, or fails to state a claim upon
which relief may be granted, unless the prisoner is under imminent danger of
serious physical injury.
28 U.S.C. § 1915(g). "The purpose of this rule, and the PLRA generally, is to curtail
abusive prisoner litigation." Hines v. Thomas, 2015 WL 858050 at * 1 (11th Cir. Mar.
2, 2015) (quotes and cite omitted). "Consequently, courts have a responsibility to
dismiss cases, even sua sponte, under 28 U.S.C. § 1915(g)." Anderson v. United
States, 2014 WL 2625194 at * 1 (M.D. Fla. June 12, 2014).
Failure to comply with these directions will result in a recommendation that his
case be dismissed under Fed.R.Civ.P. 11 and 41(b). Neloms v. St. Lawrence, 2010 WL
1688554 at * 1 (S.D. Ga. Mar. 29, 2010) ("Rule 11(b) of the Federal Rules of Civil
Procedure forbids lying in pleadings, motions, and other papers filed with the court.
Zocaras v. Castro, 465 F.3d 479 ) 484 (11th Cir. 2006)."); Flowers v. Life University,
2006 WL 562192 at * 6 (N.D. Ga. Mar. 7, 2006).
3

[doc. 131 and Trust Fund Account Statement in the [CSP] mailbox on 36-2015 addressed to J. Miller, inmate trust fund." Doe. 14-1 at 2. The
Court independently contacted prison officials and they have delivered a
completed Prison Trust Fund Account Statement, doe. 17, plus an
updated Consent form. Doe. 16. The Court will act on those and the
remainder of this case after Owens complies with the above directive (it
is possible that the Court will not reach the fee issue if in fact Owens is §
1915(g)-barred). For the moment, however, all of his motions (doe. 4, 6,
8 & 12) are DENIED.
SO ORDERED thisay of May, 2015.

UNIT1D SiAES MAGISTRATE JUDGE
SOUTHERN DISTRICT OF GEORGIA