Bright v. Corizon Health Corporation et al

Filing 9

The Court ORDERS Bright to show cause why this 1 Complaint filed by Micheal A. Bright should not be dismissed for lying to the Court. Bright must return, within 21 days of the date this Order is served, his Show Cause Declaration (using the attached Statement form) ( Compliance due by 1/8/2016.) Signed by Magistrate Judge G. R. Smith on 12/18/15. (wwp)

FILED

U.S. DISTRICT COURT
DIV.
UNITED STATES DISTRICT COURTSM
2)I5 DEC 18 51
SOUTHERN DISTRICT OF GEORGIA
CLER PIIZT fl
SAVANNAH DIVISION
MICHEAL A. BRIGHT,

)

)

Plaintiff,

)

)

V.

Case No. CV415- 145

)

)

CORIZON HEALTH
CORPORATION, et al.

)

)

)

Defendants.

)

ORDER
Inmate Micheal (not Michael) A. Bright, proceeding pro se, brings
this 42 U.S.C. § 1983 lawsuit over the medical care he received inside the
Chatham County, Georgia jail. Doc. 1 at 5. While there, he says, he
"was given medication by a nurse employee of Corizon Health, Inc. (nurse
Simmons) that was the direct cause of my heart flatlining 3 (three) times
and having me hospitalized for 17 (seventeen) day[s]. . . ."

Id. Bright

"hold[s] the employer. . . responsible for nearly taking my life away from
me!" Id. He seeks $3 million. Id. at 6.
There are Michael (not Micheal) A. Bright lawsuits on this Court's
1

docket. Attached are pre-digital-docket' sheets for Bright v. Chatham
Cnty Jail, MC497-045, doe. 6 (S.D. Ga. June 9, 1997) (case dismissed);
Bright v. Savannah Police Dept., CV495-080, doe. 7 (S.D. Ga. May 17,
1995) (dismissing civil rights case as "legally frivolous"); and Bright v.
Chatham County Sheriff, CV495-074, doe. 35 (S.D. Ga. Mar. 25, 1996)
(summary judgment to defendant, plaintiff's case dismissed).
In this lawsuit Micheal A. Bright used a standard § 1983 form
complaint. Question 1(B) asked him, "[w]hile incarcerated in any
facility, have you brought any lawsuits in federal court which deal with
facts other than those involved in this action?" Doe. 1 at 2. Bright
checked "no."

Id.

Question 1(C) asked whether he suffered any

dismissals in 1FF actions "on the ground that [such were] frivolous,
malicious, or failed to state a claim?" He checked "no" again.

Id. at 3.

The veracity of these answers are especially significant because
serial filers who seek IFP status face the three-strikes rule of 28 U.S.C. §
1915(g), as illuminated in Owens v. Morales, 2015 WL 5040245 at * 1 (S.D.
In 1998 the Court digitized its filings (years later, this enabled E-filing). Prior year
filings thus cannot be accessed without expensively retrieving them from the Federal
Records Center. Short of that, one can gather what occurred in non-digitized cases by
reading only the docket entries within them. Those entries summarize rulings made
within court decisions. That is the case for the pre-1998 cases noted here.
2
1

Ga. Aug. 25, 2015) and Williams v. Freesemann, 2015 WL 6798946 at * 1
(S.D. Ga. Oct. 15, 2015). That provision states:
In no event shall a prisoner bring a civil action or appeal a judgment
in a civil action or proceeding under this section if the prisoner has,
on 3 or more prior 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) (emphasis added).
Bright's incentive to omit his prior case information is strong
because of the § 1915(g) three-strike bar. If he is the same Michael A.
Bright as the litigant who brought those cases, then it would also support
the reasonable inference that he changed the spelling of his first name to
thwart the Court's § 1915(g) detection efforts (binary computer systems
can omit prior cases if a name is off by just one letter).
A warning to Bright: Lying manipulation is not tolerated here.

Willis v. Brown, CV412-209, 2012 WL 6016834 at * 1 (S.D. Ga. Dec. 23,
2012) ("Charles Anthony Willis, a 1915(g) three-striker, has once again
lied to a judicial tribunal. Accordingly, his case should be dismissed for
abusing the judicial process."), adopted, 2012 WL 6553919 (S.D. Ga. Dec.
3

12, 2012), aff'd, 0V412-209, doe. 39 at 6 (11th Cir. July 30, 2013) ("T]he
District Court did not abuse its discretion when it dismissed Mr. Williss
complaint as a sanction for violating Rule 11 's prohibition against filing
false pleadings."). '
The Court therefore ORDERS Bright to show cause why this case
should not be dismissed for lying to this Court.

See Shelton u. Rohrs,

2010 WL 5122580 at * 1 (11th Cir. Dec. 15, 2010) (upholding dismissal for
misleading the court and noting that "[eliven if Shelton did not have
access to his materials, he would have known that he filed multiple
previous lawsuits"); McClain v. Nelson, 2011 WL 675030 at * 2 (S.D. Ga.
Feb. 3, 2011), adopted, 2011 WL 674894 (S.D. Ga. Feb. 17 1 2011).'
Furthermore, liars may be prosecuted. See United States v. Dickerson, CR608-36,
doe. 1 (S.D. Ga. Dec. 11, 2008) (§ 2255 movant indicted for perjury for knowingly lying
in his motion seeking collateral relief from his conviction); id., doe. 47 (guilty verdict),
cited in Colony Ins. Co. v. 9400 Abercorn, LLC, 866 F. Supp. 2d 1376, 1378 n. 2 (S.D.
Ga. 2012) (collecting sanction cases).
2

3

This is a well-traveled road:
The district court in Hines v. Thomas also uncovered, inter alia, prior case
concealment, and that figured into that court's ruling that the plaintiff had
engaged in "conduct that courts have deemed abusive, and for which, courts
have imposed the double sanction dismissing the action without prejudice and
counting the dismissal as a strike on the ground of being malicious." 604
Fed.Appx. 796, 798 (11th Cir. 2015). The Hines appellate panel did not disagree
with that misconduct assessment but ruled that the district court went too far.
Id. at 800 (with prejudice dismissal of prisoner's case was an abuse of discretion,
4

If Bright insists that another Michael A. Bright filed those prior
cases, then he must declare that under penalty of perjury. Hence, he
must return, within 21 days of the date this Order is served, his Show
Cause Declaration (using the attached Statement form). On it he must
clearly print his full name, especially his first name, and confirm whether
he has used different forms of it (and if so, what they were) in the past.
Finally, he must (as he has usefully done with his latest Complaint, doc. 1
at 1 & 7) furnish his inmate number next to his signature, and do so in
any future cases or appeals that he may file.
SO ORDERED, this 18th day of December, 2015.

UMTED STATES MACIISTRATE JUDGE
SOUTHERN DISTRICT OF QORQL&

lesser sanction to be considered on remand, where inmate was "certainly
negligent in failing to inform the court of his litigation history, [but] his actions
as a whole d[id] not present a clear record of willful misconduct."). Even at that,
a "without prejudice" dismissal likely would not have been reversed. Id, ("Had
the dismissal truly been without prejudice to re-filing, the district court likely
would not have abused its discretion in dismissing the action.").

Owens v. Morales, 2015 WL 5040245 at * 2 (S.D. Ga. Aug. 25, 2015); see also Id. at *
3 (the Court "gave Owens 21 days to complete a 'Show Cause Statement,' under
penalty of perjury, why this case should not be dismissed without prejudice (and
fetch a § 1915(g) strike) for misleading, if not deliberately lying to, this Court."); id.
(in response, he moved to voluntarily dismiss his case, and this Court granted it).
5

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA
SAVANNAH DIVISION
MICHEAL A, BRIGHT,
Plaintiff,
Case No. CV415-145

V.

CORIZON HEALTH
CORPORATION, et al.
Defendants.

MICHEAL A. BRIGHT'S SHOW CAUSE DECLARATION
MY COMPLETE LEGAL NAME IS (PRINT CLEARLY):

OTHER NAMES I HAVE USED IN THE PAST, INCLUDING ANY ALIASES (PRINT
CLEARLY):

MY PREVIOUS LAWSUITS (CAPTION OF CASE, INCLUDING CASE NUMBER
AND COURT(S) IN WHICH EACH CASE WAS FILED) (PRINT CLEARLY):

I AM SHOWING CAUSE WHY THIS LAWSUIT SHOIJLDNOT BE DISMISSED
(PRINT CLEARLY):

Pursuant to 28 U.S.C. § 1746, I declare, under penalty of perjury, that the
foregoing is true and correct and that this was placed in my prison's
mailing system on
, 201_.

Cross out the wrong spelling:
Cross out the wrong spelling:

Micheal A. Bright
Michael A. Bright

Southern District of Georgia CM/ECF 6.0

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CLOSED,FRC

U.S. District Court
Southern District of Georgia (Savannah)
CD/IL DOCKET FOR CASE #: 4:97-me-00045-BAE
Internal Use Only
Bright v. Chatham County Jail, et a!
Assigned to: Judge B. Avant Edenfield
Demand: $0

Date Filed: 04/1 5/1997
Date Terminated: 06/09/1997
Nature of Suit: 0 zero
Jurisdiction: 0

Plaintiff
Michael A. Bright

represented by Michael A. Bright
9401 Dunwoody Drive
Savannah, GA 31406
PRO SE

V.
Defendant
Chatham County Jail
Defendant
Gary R. Blake
Defendant
Officer Martha Lucas

Date Filed

# Docket Text

04/1511997

CASE assigned to Judge B. Avant Edenfield (nmt) (Entered: 04/17/1997)

04/15/1997

CASE REFERRED to Magistrate Judge G. R. Smith (nmt) (Entered: 04/17/1997)

04/15/1997

1 AFFIDAVIT by Michael A. Bright Re: TFP (nmt) (Entered: 04/17/1997)

04/21/1997

2 ORDER directing Plaintiff to advise the Court as to whether or not he wishes to
proceed pursuant to PRLA ( signed by Magistrate Judge G. R. Smith); copies
served. (lsg) (Entered: 04/21/1997)

05/07/1997

3 MOTION by Michael A. Bright for dismissal (nmt) (Entered: 05/07/1997)

05/15/1997

4 REPORT AND RECOMMENDATIONS of Magistrate Judge G. R. Smith
recommending that plaintiffs case be dismissed. Case no longer referred to
Magistrate Judge G. R. Smith Objections to Rand R due by 6/2/97 (dks)
(Entered: 05/16/1997)

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01111/1111

5

06/09/1997

6 ORDER adopting Magistrate's R & R as the opinion of this Court; case is
DISMISSED. (signed by Judge B. Avant Edenfield); copies served. (Ise)
(Entered: 06/09/1997)

06/09/1997
07/31/2000

ORDER directing Clerk to serve copies of R/R upon plaintiff and counsel for the
defendant ( signed by Magistrate Judge G. R. Smith); copies served. (dks)
(Entered: 05/16/1997)

J J Case closed (Ise) (Entered: 06/09/1997)
Record transferred to the FRC. Group #021, Accession # 00 0542, Box # 3 of 5,
Location # 4-010-85-4-9 (bcw) Modified on 6/27/2007 (Hill, Mary Anne).
(Entered: 07/31/2000)

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CLOSED,FRC

U.S. District Court
Southern District of Georgia (Savannah)
CIVIL DOCKET FOR CASE #: 4:95-cv-00080-BAE
Internal Use Only

Bright v, Savannah Police Dept, et a!
Assigned to: Judge B. Avant Edenfield
Demand: $0
Cause: 42:1983 Prisoner Civil Rights

Date Filed: 04/11/1995
Date Terminated: 05/17/1995
Jury Demand: None
Nature of Suit: 550 Prisoner: Civil
Rights
Jurisdiction: Federal Question

Plaintiff
Michael Anthony Bright

represented by Michael Anthony Bright
EF-344352
Post Office Box 7150
Garden City, Ga 31418
PROSE

V
Defendant
Savannah Police Department
Defendant
David Gellatly
Chief of Police
Defendant
Officer Kendricks

Date Filed

# Docket Text

04/10/1995

1 AFFIDAVIT by Michael Anthony Bright Re: In Forma Pauperis (Ise) (Entered:
04/11/1995)

04/11/1995

2 ORDER granting [1-1] affidavit for in forma pauperis ( signed by Magistrate
Judge G. R. Smith); copies served. (Ise) (Entered: 04/11/1995)

04/11/1995

3 COMPLAINT filed nunc pro tune 04/10/95 (lsc) (Entered: 04/11/1995)

04/11/1995
04/21/1995

1

CASE REFERRED to Magistrate Judge G. R. Smith (lsc) (Entered: 04/11/1995)

4 REPORT AND RECOMMENDATIONS of Magistrate Judge G. K Smith
recommends action be dismissed as legally frivolous. Case no longer referred to

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Magistrate G.R. Smith. Objections to R and R due by 5/1195 (dks) (Entered:
04/24/1995)

•
04/21/1995

5 ORDER serving copy of R'R on plaintiff by Clerk of Court with objections filed
with Clerk not later than May 8, 1995. (signed by Magistrate Judge G. R.
Smith); copies served. (dks) (Entered: 04/24/1995)

05/17/1995

6 ORDER adopting Magistrate's R&R as opinion of the Court; case is dismissed.
(signed by Chief Judge B, Avant Edenfield ); copies served. (lsc) (Entered:
05/17/1995)

05/17/1995

7 JUDGMENT adopting Magistrate's R & R as opinion of the court for Savannah
Police Dept, David Gellatly, Kendricks against Michael Anthony Bright 0; copies
served, (Ise) (Entered: 05/1711995)

05/17/1995
05/12/1191
09/17/1996

1 1 Case closed (Ise) (Entered: 05/17/1995)

1
11
8

OBJECTION by plaintiff Michael Anthony Bright to [7-11 judgment order, [6-11
order (nrnt) (Entered: 05/24/1995)
Record transfered to the FRC. Group #021, Accession # 96-0593, Box # 69 of 70,
Location # 5-001-00-3-9 (sIt) Modified on 4/3/2009 (mah). (Entered: 09/17/1996)

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U.S. District Court
Southern District of Georgia (Savannah)
CIVIL DOCKET FOR CASE #: 4:95-cv-00074-BAE-GRS
Internal Use Only

Bright v. Chatham County Sheri, et al
Assigned to: Judge B. Avant Edenfield
Referred to: Magistrate Judge G. R. Smith
Demand: $0
Cause: 42:1983 Prisoner Civil Rights

Date Filed: 04/03/1995
Date Terminated: 03/25/1996
Jury Demand: None
Nature of Suit: 550 Prisoner: Civil
Rights
Jurisdiction: Federal Question

Plaintiff
Michael Anthony Bright

represented by Michael Anthony Bright.
EF344352
Valdosta Correctional Institution
P.O. Box 310
Valdosta, GA 31603-0310
PRO SE

V
Defendant
represented by Emily E. Garrard
Chatham County Attorney's Office
P.O. Box 8161
Savannah, GA 31412-8161
912-652-7881
Fax: [phone]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Ricky Mikells

Thomas J. Mahoney Jr.
Ranitz, Mahoney & Mahoney. PC
P.O. Box 786
Savannah, GA 31402
912-233-7961
Fax: [phone]
Email: [e-mail]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Date Filed

1 # I Docket Text

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1

CASE REFERRED to Magistrate Judge G. R. Smith (nmt) (Entered:
04/04/1 995)
MOTION by Michael Anthony Bright to Proceed in Forma Pauperis nuric pro
tune 3-23-95 (nmt) (Entered: 04/04/1995)

04/03/1995

1

04/03/1995

2 ORDER granting [1-1] motion to Proceed in Forma Pauperis. Directing Clerk to
serve deft Ricky Mikells only. (signed by Magistrate Judge G. R. Smith);
copies served. (nmt) Modified on 04/04/1995 (Entered: 04/04/1995)

04/03/1995

3 COMPLAINT nunc pro tune 3-23-95 (nmt) (Entered: 04/04/1995)

04/20/1995

4 WAIVER OF SERVICE Returned Executed as to Ricky Mikells 4/17/95
Answer due on 6/16/95 for Ricky Mikells (lsg) (Entered: 04/20/1995)

06/1411995

5 ANSWER to Complaint by Ricky Mikells (Attorney Thomas J. Mahoney Jr.,
Emily Elizabeth Garrard), (lsg) (Entered: 06/15/1995)

06/14/1995

6 ANSWER to Local Rule 8.6 Interrogatories by Ricky Mikells (lsg) (Entered:
- 06/15/1995)

06/14/1995

7 CERTIFICATE pursuant to Local Rule 1.6. by defendant Ricky Mikells (lsg)
(Entered: 06/1511995)

06/14/1995

1

SCHEDULING NOTICE setting Summary Judgment deadline on 11/11/95;
Joining of parties,amending of pleadings by 8/13/95 ; Motion Filing deadline on
11/1/95; Discovery cutoff 10/12/95 ; Status Report due on 9/12/95 ; copies
served. (Ise) (Entered: 07/26/1995)

07/03/1995

8 MOTION by Ricky Mikells for order authorizing affidavit of Tidelands
Employee, Erma Lee with brief in support. (dks) (Entered: 07/05/1995)

07/25/1995

9 ORDER granting [8-1] motion for order authorizing affidavit of Tidelands
Employee, Erma Lee ( signed by Magistrate Judge G. R. Smith); copies served.
(Ise) (Entered: 07/25/1995)

1

08/01/1995

10 MOTION by Ricky Mikells to Compel discovery with brief in support. (dks)
(Entered: 08/01/1995)

08/29/1995

11 ORDER granting [10-1] motion to Compel discovery (signed by Magistrate
Judge G. R. Smith) P1 is Ordered to serve discovery responses w/i 10 days;
copies served. (lsg) (Entered: 08/29/1995)

09/12/1995

12 MOTION by Ricky Mikells to Dismiss Complaint with brief in support. (Ise)
(Entered: 09/13/1995)

09/12/1995

13 MEMORANDUM by Ricky Mikells in support of [12-1] motion to Dismiss
Complaint by Ricky Mikells (Ise) (Entered: 09/13/1995)

09/12/1995

14 UNILATERAL STATUS REPORT by dft Ricky Mikells (lsc) (Entered:
09/13/1995)

09/12/1995

15 RESPONSE TO ORDER by plaintiff Michael Anthony Bright in reference to
[11-1] order (dks) (Entered: 09/14/1995)

09/15/1995

16

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ORDER directing pltf to respond to dft's interrogatories and request for
production, set Discovery deadline to 10/15/95 (signed by Magistrate Judge G.
R. Smith); copies served, (Ise) (Entered: 09/15/1995)
09/28/1995

17 I ANSWER to Local Rule 8.6 Interrogatories by Michael Anthony Bright (dks)
(Entered: 10/05/1995)

10/04/1995

18 ORDER directing dft to advise court of intentions regarding dft's motion to
dismiss, set Notice of Compliance deadline to 10/14/95 (signed by Magistrate
Judge G. R. Smith); copies served. (Ise) Modified on 10/05/1995 (Entered:
10/05/1995)

10/11/1995

18 AMENDED MOTION by Ricky Mikells to Dismiss referring to [12-1] motion
to Dismiss Complaint by Ricky Mikells (lsg) (Entered: 10/11/1995)

10/16/1995

19 MOTION by Michael Anthony Bright for Protective Order with brief in support.
(nmt) Modified on 10/16/1995 (Entered: 10/16/1995)

10/27/1995

20 RESPONSE by Ricky Mikells to [19-1] motion for Protective Order by Michael
Anthony Bright (dks) (Entered: 10/27/1995)

10/31/1995

21 ORDER denying [19-1] motion for Protective Order ( signed by Magistrate
Judge G. R. Smith); copies served. (bcw) (Entered: 10/31/1995)

11/07/1995

22 MOTION by Ricky Mikells for Summary Judgment with brief in support. (dks)
(Entered: 11/08/1995)

11/07/1995

23 MEMORANDUM by Ricky Mike Us in support of [22-1] motion for Summary
Judgment by Ricky Mikells (dks) (Entered: 11/08/1995)

11/07/1995

24

1

11/07/1995

25 1
26 1
27 1

11/08/1995
11/08/1995
11/13/1995

STATEMENT OF MATERIAL FACTS by defendant Ricky Mikells in support
of [22-1] motion for Summary Judgment by Ricky Mikells (dks) (Entered:
11/08/1995)
NOTICE issued re: [22-1] motion for Summary Judgment (dks) (Entered:
11/08/1995)
MOTION by Michael Anthony Bright for Summary Judgment with brief in
support. (dks) (Entered: 11/09/1995)
RESPONSE TO ORDER by plaintiff Michael Anthony Bright in reference to
[21-1] order (dks) (Entered: 11/09/1995)
RESPONSE by Ricky Mikells to [25-11 motion for Summary Judgment by
Michael Anthony Bright (dks) (Entered: 11/13/1995)

11/16/1995

28 REPORT AND RECOMMENDATIONS of Magistrate Judge G. R. Smith to
deny Re: [25-1] motion for Summary Judgment; Motion no longer referred;
copies served, Objections to R and R due by 12/4/95 (nmt) (Entered:
11/17/1995)

11/16/1995

29 ORDER that R/R be served upon pltf and ensl for deft. (signed by Magistrate
Judge G. R. Smith); copies served. (nmt) (Entered: 11/17/1995)

11/17/1995

1

1

30 RESPONSE by Michael Anthony Bright to [22-1] motion for Summary
Judgment by Ricky Mikells (Ise) (Entered: 11/22/1995)

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12/06/1995

03/01/1996

131

1

03/25/1996

OBJECTION by Michael Anthony Bright to 128-1] report and recommendations
(dks) (Entered: 11/27/1995)

32 ORDER adopting the Magistrate's RIR and denying [25-1] motion for Summary
Judgment ( signed by Chief Judge B. Avant Edenfield); copies served. (bcw)
(Entered: 12/06/1995)

33 1

03/14/1996
03/25/1996

Page 4 of 4

34 1
35 1

DEFENDANT'S UNILATERAL PROPOSED PRETRIAL ORDER (dks)
Modified on 03/01/1996 (Entered: 03/01/1996)
Notice of change of address by Michael Bright, new address: P.O. Box 310
Valdosta, GA 31603 (bcw) (Entered: 03/14/1996)
ORDER granting [22-1] motion for Summary Judgment ( signed by Chief Judge
B. Avant Edenfield); copies served, (dks) (Entered: 03/25/1996)
JUDGMENT for Ricky Mikells against Michael Anthony Bright, case is
dismissed with prejudice; copies served. (dks) (Entered: 03/25/1996)

03/25/1996

Case closed (dks) (Entered: 03/25/1996)

07/10/1998

Record transfered to the FRC. Group #021, Accession # 98-0111, Box # 36,
Location #1-005-55-7-1(jgb) Modified on 9/18/2008 (mah). (Entered:
07/10/1998)

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