Oliver v. Peluso et al

Filing 21

ORDER ADOPTING REPORT AND RECOMMENDATIONS 18 of the U.S. Magistrate Judge as the opinion of this Court; and GRANTING IN PART AND DENYING IN PART 19 Motion to Suspend Bond Requirements filed by Anthony Oliver. The restriction requiring plaintiff to post a $1,000 contempt bond is SUSPENDED for the period of Plaintiff's incarceration in cases in which he proceeds in forma pauperis. Signed by District Judge R. Stan Baker on 2/16/2021. (JH)

Case 4:20-cv-00257-RSB-CLR Document 21 Filed 02/16/21 Page 1 of 3

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF GEORGIA
SAVANNAH DIVISION
ANTHONY OLIVER,
Plaintiff,

CIVIL ACTION NO.: 4:20-cv-257

v.
LARRY A. PELUSO and JOSEPH R.
BOLTON,
Defendants.
ORDER
After a careful de novo review of the entire record, the Court concurs with the Magistrate
Judge's December 1, 2020, Report and Recommendation, (doc. 18), to which Plaintiff has not filed
an objection. For the following reasons, the Court ADOPTS the Report and Recommendation as
its opinion and amends the filing restrictions currently applicable to plaintiff. Accordingly,
plaintiff’s motion to suspend those restrictions is GRANTED, IN PART, AND DENIED, IN
PART. (Doc.19.)
Plaintiff has moved for the Court to suspend filing restrictions imposed in Oliver v. Lyft,
Inc., 2019 WL 5388472, at *2 (S.D. Ga. Sept. 13, 2019). (Doc. 19.) He alleges that, while he is
incarcerated, such restrictions, particularly the requirement that he post a $1,000 contempt bond,
operate to completely bar his access to the federal courts. (Id. at 2–3.) The Magistrate Judge has
recommended that the motion be granted and that, for the period of Plaintiff’s incarceration, the
contempt bond be suspended in favor of the conditions of the Prison Litigation Reform Act, 28
U.S.C. § 1915. (Doc. 18, p. 6.)

Case 4:20-cv-00257-RSB-CLR Document 21 Filed 02/16/21 Page 2 of 3

Accordingly, the Court ADOPTS the Report and Recommendation (doc. 18) as its opinion.
The restriction requiring plaintiff to post a $1,000 contempt bond is SUSPENDED for the period
of Plaintiff’s incarceration in cases in which he proceeds in forma pauperis. In all other cases
filed during his term of incarceration—including those removed from state court—Plaintiff may
apply to have the bond requirement waived. The motion for waiver must be supported by a sworn
affidavit declaring his indigency and inability to remit payment. The affidavit must include the
language: “I declare under penalty of perjury under the laws of the United States of America that
the foregoing is true and correct. Executed on (date).” 28 U.S.C. § 1746. The motion must also
be accompanied by a copy of Plaintiff’s prisoner trust account. During the pendency of Plaintiff’s
motions to proceed in forma pauperis or waive the bond, the bond requirement shall be suspended.
These deviations from the filing restrictions imposed in Oliver v. Lyft, Inc., 2019 WL 5388472, at
*2 (S.D. Ga. Sept. 13, 2019) are applicable only to cases filed while Plaintiff is detained or
incarcerated. All other filing restrictions remain in place.
Plaintiff filed two motions to proceed in forma pauperis prior to this case being transferred
from the Northern District of California. (Doc. 4; doc. 9.) These motions were terminated by
Judge Ryu’s transfer order. (Doc. 14.). Within 14 days of this Order, Plaintiff is DIRECTED
to either refile his motions to proceed in forma pauperis or pay the necessary filing fee. The Clerk
of Court is DIRECTED to include with this Order a copy of the Application to Proceed in District
Court without Prepayment of Fees or Costs from (AO240).
During the pendency of this case before the Northern District of California, Plaintiff
consented to the jurisdiction of a magistrate judge for plenary disposition. (Doc. 7.) As the
circumstances of this case, including the assigned magistrate judge, were impacted by its transfer
to this District, Plaintiff is DIRECTED to ratify his continued consent within 14 days of this

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Order. The Clerk of Court is DIRECTED to include with this Order a copy of the Court’s
Statement Regarding Assignment to Magistrate Judge.
SO ORDERED, this 16th day of February, 2021.

R. STAN BAKER
UNITED STATES DISTRICT JUDGE
SOUTHERN DISTRICT OF GEORGIA

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