Robinson v. Henderson

Filing 4

ORDERED that plaintiff admit or deny that "Larry Robinson" who filed the attached prior cases. Robinson must within 21 days of the date of this Order is served, admit or deny whether he filed the attached case. ( Compliance due by 1/25/2016.) Signed by Magistrate Judge G. R. Smith on 1/4/15. (wwp)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA
SAVANNAH DIVISION

LARRY ROBINSON,

)

)

Plaintiff,

)

)

V.

)

Case No. CV415-327

)

DR. HENDERSON,

)

)

Defendant.

)

ORDER
Larry Robinson has filed a 42 U.S.C. § 1983 case alleging
constitutionally deficient medical care by a prison doctor. Doc. 1. He
also moves for leave to proceed in forma pauperis (IFP), doe. 2, and for a
preliminary injunction. Doc. 3. His attached prison record shows that
he's now out on parole. The attached public court records reveal that one
"Larry Robinson" has filed two prior civil rights cases: Robinson v. Ford,
CV695-059, doe. 11 (M.D. Ga. Jan. 14, 1995); Robinson v. Paulk,
CV703-116 (M.D. Ga. Dec. 17, 2003) (dismissal for failure to prosecute).
Yet, plaintiff checked "No" when he answered Question 1(B) on the
civil complaint form, which asked "[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?" Doc. 1 at 2. He also answered "No"
to Question 1(C), which asked him whether he suffered any dismissals in
IFP actions "on the ground that [such were] frivolous, malicious, or failed
to state a claim?" Doc. 1 at 3. The "Larry Robinson" cases show two
abandonment dismissals, one while plaintiff was incarcerated. If those
are this Larry Robinson's prior cases, then he must account for them.
It's common for inmates to indulge in such omissions because serial filers
/ who seek IFP status must surmount 28 U.S.C. § 1915(g), which 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).
The Court therefore ORDERS plaintiff to admit or deny that he is
the same "Larry Robinson" who filed those prior cases. If he is, then he
must show cause why this case should not be dismissed for lying to this
Court. As previously explained:

PA

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). "Rule 11(c) provides
for sanctions concerning misrepresentations made in papers filed
with the court under Rule 11(b)." Id. at 490; see also 5A CHARLES
ALAN WRIGHT & ARTHUR R. MILLER, FEDERAL PRACTICE AND
PROCEDURE § 1335 (3d ed.2004) (noting that courts have deemed
sanctions appropriate to punish various forms of party misconduct).
Rule 41(b) "expressly authorizes the involuntary dismissal of a
claim for plaintiffs failure to abide by. . . the Federal Rules of Civil
Procedure." Zocaras, 465 F.3d at 490; State Exch. Bank v. Hartline,
693 F.2d 1350 2 1352 (11th Cir. 1982). In addition, "the power of a
court to dismiss a claim is inherent in a trial court's authority to
enforce its orders and ensure prompt disposition of legal actions."
Zocaras, 465 F.3d at 490; Link v. Wabash R.R. Co., 370 U.S. 626,
630-631 ) 82 S.Ct. 1386, 8 L.Ed.2d 734 (1962); Hartline, 693 F.2d at
1352. The Eleventh Circuit approves of dismissals under the
inherent power where a litigant, in bad faith, fails to disclose his
prior cases on a form complaint. Young v. Sec'y Fla. for the Dept of
Corrs., 2010 WL 2170970 at *1 (11th Cir. June 1, 2010) (affirming
dismissal under inherent power for plaintiffs failure to disclose his
prior cases on the court's complaint form); see Rivera v. Aiim, 144
F.3d 719 2 731 (11th Cir.1998) (noting that the district court did not
abuse its discretion by dismissing an action without prejudice where
plaintiff "had lied under penalty of perjury about the existence of a
prior lawsuit"), abrogated on other grounds by Jones v. Bock, 549
U.S. 199 2 127 S. Ct. 910, 166 L.Ed.2d 798 (2007).

Kelly v. Prison Health Serv., 2010 WL 3667027 at * 1 (S.D. Ga. Sept. 15,
2010), quoted in Willis v. Brown, 2012 WL 5378731 at * 2 (S.D. Ga. Oct.
29, 2012); see also Bright v. Corizon Health Corp., 2015 WL 9257155 at *2
n. 2 (S.D. Ga. Dec. 18, 2015) ("Furthermore, liars may be prosecuted.");

3

Owens v. Morales, 2015 WL 5040245 at * 2 (S.D. Ga. Aug. 25, 2015).
The Court also notes from the attached prison record that Robinson
was granted parole on November 30, 2015.

That's ten days after he

signed off on his Complaint (doe. 1 at 10) and request for preliminary
injunction. Doc. 3.

(His case, incidentally, was not filed with the Clerk

of this Court until December 28, 2015, doe. 1 at 1). While plaintiffs
pre-parole damages claims are not mooted by his parole, cf, Baker v.
County of Sonoma, 2009 WL 330937 at * 4 (N.D. Cal. Feb. 10, 2009) (the
exhaustion requirement of the Prison Litigation Reform Act did not apply
to claims by a former inmate where his claims were filed after he had been
released from custody), his injunctive relief claim is.

See doe. 3 at 1-2

(requesting that this Court abate prison's interference with his access to
needed medical care).
Finally, even if the Court finds that Robinson has not lied and
grants his IFP motion, he will still have to pay (over installments) the
$350 filing fee. He thus should consider these points before responding
to this Order (he retains the option to voluntarily dismiss this case).
To summarize, Larry Robinson must, within 21 days of the date this

Order is served, admit or deny (under penalty of perjury) whether he filed
the above-noted cases.' If the Court rules that he has lied, then it will
advise that his case should be dismissed under 28 U.S.C. §
1915(e)(2)(13)(i), for abuse of judicial process 2 and that dismissal will
count as a 28 U.S.C. § 1915(g) strike against him.'

SO ORDERED, this z/7'\ day of J4w7.., 2O1.

UNITED SYATES MAGISTRATE JUDGE
SOUTHERN DISTRICT OF GEORGIA

At the end of his response he must write: 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
,2016.
2

See Shelton v. Rohrs, 406 F. Appx 340, 340 (11th Cir. 2010) (affirming the
dismissal without prejudice of the inmate's complaint under § 1915(e)(2)(B)(i) for an
abuse of process after he checked "no" to the complaint form's question asking if he
had filed other actions in state or federal court because the case management system
reflected he had filed four actions and he would have known that he had filed multiple
actions, thereby rejecting his argument that he did not remember filing any civil
actions and his records were inaccessible), cited in Malone v. Bentley, 2015 WL
1608089 at * 1 (S.D. Ala. Apr. 10, 2015) ("An action is deemed malicious under [28
U.S.C.] § 1915(e)(2)(B)(i) when a prisoner plaintiff affirmatively misrepresents his
prior litigation history on a complaint form requiring disclosure of such history and
signs the complaint form under penalty of perjury, as such a complaint 'constitutes
abuse of the judicial process warranting dismissal of the case without prejudice.").
The Court also reminds him that it is his responsibility to keep this Court timely
informed of any address change. Failure to do so will result in a dismissal
recommendation.
5

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GDC ID: 0000728974

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do

PHYSICAL DESCRIPTION

YOB:
RACE:
GENDER:
HEIGHT:
WEIGHT:
EYE COLOR:
HAIR COLOR:

1958
BLACK
MALE
5'lO"
172
BROWN
GRAY

SCARS, MARKS, TATTOOS

INCARCERATION DETAILS

MAJOR OFFENSE:
MOST RECENT INSTITUTION:
MAX POSSIBLE RELEASE
DATE:

BURGLARY
COASTAL STATE PRISON
05/14/2030 Important Release Information
For parole information please go to Georgia State Board of Pardons and

Paroles website.

ACTUAL RELEASE DATE:
CURRENT STATUS:

11/30/2015
PAROLE

KNOWN ALIASES

A.K.A.
A.K.A.

ROBINSON,LARRY
ROBINSON,LARRY NMI

STATE OF GEORGIA - CURRENT SENTENCES

CASE NO: 541907
OFFENSE:

2 of 3

THEFT MOTORVEH OR PART

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CONVICTION COUNTY:
CRIME COMMIT DATE:
SENTENCE LENGTH:
OFFENSE:
CONVICTION COUNTY:
CRIME COMMIT DATE:
SENTENCE LENGTH:

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LOWNDES COUNTY
05/15/2003
9 YEARS, 0 MONTHS, 0 DAYS
CASE NO: 541907
BURG BEF 7/1/12
LOWNDES COUNTY
05/15/2003
18 YEARS, 0 MONTHS, 0 DAYS

STATE OF GEORGIA - PRIOR SENTENCES

CASE NO: 316196
OFFENSE:
CONVICTION COUNTY:
CRIME COMMIT DATE:
SENTENCE LENGTH:
CASE NO: 316196
OFFENSE:
CONVICTION COUNTY:
CRIME COMMIT DATE:
SENTENCE LENGTH:
CASE NO: 316196
OFFENSE:
CONVICTION COUNTY:
CRIME COMMIT DATE:
SENTENCE LENGTH:
CASE NO: 418182
OFFENSE:
CONVICTION COUNTY:
CRIME COMMIT DATE:
SENTENCE LENGTH:

THEFT BY REC STOLEN PROP
LOWNDES COUNTY
12/08/1992
4 YEARS, 0 MONTHS, 0 DAYS
POSS FIREARM CONVCT FELON
LOWNDES COUNTY
12/08/1992
4 YEARS, 0 MONTHS, 0 DAYS
BURG BEF 7/1/12
LOWNDES COUNTY
N/A
0 YEARS, 72 MONTHS, 0 DAYS
BURG BEF 7/1/12
LOWNDES COUNTY
N/A
10 YEARS, 0 MONTHS, 0 DAYS

STATE OF GEORGIA - INCARCERATION HISTORY

INCARCERATION BEGIN INCARCERATION END
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05/04/2004
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U.S. District Court [LIVE AREA]
Middle District of Georgia (Thomasville)
CIVIL DOCKET FOR CASE #: 6:95-cv-00059-WLS

Robinson v. Ford, et al
Assigned to: U.S. District Judge W LOUIS SANDS
Demand: $0
Cause: 42:1983 Prisoner Civil Rights

Date Filed: 09/19/1995
Date Terminated: 01/14/1999
Nature of Suit: 550 Prisoner: Civil Rights
Jurisdiction: Federal Question

Plaintiff
represented by Larry Robinson
GDC728974
DOOLY STATE PRISON
P0 BOX 750
UNADILLA, GA 31091
PRO SE

Larry Robinson

V.
Defendant
Earl Ford
Defendant
Rufus Stevens
Defendant
John Bulloch

Date Filed
09/19/1995

1 MOTION by Larry Robinson to Proceed in Forma Pauperis with supporting
Affidavit. (FE) (Entered: 09/20/1995)

09/19/1995

2 ORDER REFERRING CASE to Mag. Judge Richard L. Hodge. (FE) (Entered:
09/20/1995)

09/19/1995

3 ORDER granting [1-1] motion to Proceed in Forma Pauperis (signed by Mag.
Judge Richard L. Hodge) (FE) (Entered: 09/20/1995)

09/19/1995

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Docket Text

4 COMPLAINT filed; Service of Complaint due by 1/17/96 for John Bulloch, for
Rufus Stevens, and for Earl Ford. No filing fee paid as IFP approved by Hon.
Richard L. Hodge. (FE) (Entered: 09/20/1995)

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Return of SERVICE UNEXECUTED as to Rufus Stevens (FE) (Entered:
10/30/1995)

10/30/1995

5

10/30/1995

6 I Return of SERVICE UNEXECUTED as to Earl Ford (FE) (Entered: 10/30/1995)

10/30/1995

71

Return of SERVICE TINEXECUTED as to John Bulloch (FE) (Entered:
10/30/1995)

10/27/1998

8 ORDER TO SHOW CAUSE why complaint should not be dismissed for failure to
prosecute: Show Cause Brief Deadline set for 11/13/98 (signed by Mag. Judge
Richard L. Hodge) (FE) (Entered: 10/27/1998)

12/09/1998

9 REPORT AND RECOMMENDATION of Mag. Judge Richard L. Hodge to
dismiss civil action. Case no longer referred to Mag. Judge Richard L. Hodge.
Objections to R and R due by 12/28/98. (FE) (Entered: 12/09/1998)

01/13/1999

10 ORDER adopting [9-1] report and recommendations that case be dismissed for lack
of prosecution ( signed by Judge W. L. Sands) (FE) (Entered: 01/14/1999)

01/14/1999

11 JUDGMENT for Earl Ford, Rufus Stevens, John Bulloch against Larry Robinson.
(FE) (Entered: 01/14/1999)

01/14/1999

Case Closed (FE) (Entered: 01/14/1999)

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U.S. District Court [LIVE AREA]
Middle District of Georgia (Valdosta)
CIVIL DOCKET FOR CASE #: 7:03-cv-00116-HL-RLH

Robinson v. Paulk
Assigned to: U.S. District Judge HUGH LAWSON
Referred to: U.S. Mag. Judge Richard L. Hodge
Demand: $0
Cause: 42:1983 Prisoner Civil Rights

Date Filed: 10/16/2003
Date Terminated: 12/17/2003
Nature of Suit: 555 Prisoner: Prison
Condition
Jurisdiction: Federal Question

Plaintiff
represented by Larry Robinson
GDC1O65O
300 Pierce Industrial Boulevard
Pierce County Jail
Blackshear, GA 31516
PRO SE

Larry Robinson

Defendant
ASHLEY PAULK

Date Filed
10/16/2003

1 MOTION by Larry Robinson to Proceed in Forma Pauperis . (rlw) (Entered:
10/16/2003)

10/16/2003

2 COMPLAINT filed; Status Review Deadline set for 10/15/04. (rlw) (Entered:
10/16/2003)

10/16/2003

3 ORDER REFERRING CASE to Mag. Judge Richard L. Hodge. (nw) (Entered:
10/16/2003)

10/27/2003

4 ORDER TO SUPPLEMENT Complaint. Deadline for filing of Supplement set for
12/2/03 for Larry Robinson and granting [1-1] motion to Proceed in Forma Pauperis.
(signed by Mag. Judge Richard L. Hodge) (nw) (Entered: 10/29/2003)

12/16/2003

5 ORDER dismissing Plaintiffs Complaint for failure to prosecute his complaint and
for failure to comply with this Court's order of 10/27/03. (signed by Judge Hugh
Lawson) Civil Order File volume #K, page #67. (nw) (Entered: 12/17/2003)

12/17/2003

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6 JUDGMENT for Ashley Paulk against Larry Robinson. (rlw) (Entered: 12/17/2003)

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12/17/2003

II

Case Closed. (nw) (Entered: 12/26/2003)

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