HOLMES v. Williams, et al

Filing 23

ORDER adopting portion of Magistrate Judge's 22 Report and Recommendation as the opinion of the Court; denying 7 Motion for Permanent Injunction and Motion for Temporary Restraining Order; denying 12 Motion for Help; denying 15 Motion for Preliminary Injunction and Motion for Temporary Restraining Order; and, additionally reminding Plaintiff of his obligation to show cause, within thirty (30) days of the date of the Magistrate Judge's Order and Report and Recommendation, why this action should not be dismissed for Plaintiff's failure to truthfully disclose his litigation history. Signed by Judge J. Randal Hall on 8/13/2015. (jah)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF GEORGIA
STATESBORO DIVISION

DERRICK PAUL HOLMES,
Plaintiff,

CIVIL ACTION NO.: CV615-012

v.

WARDEN STANLEY WILLIAMS; MR.
MOURAD; JAMES DEAL; MR. SMOKES;
MS. MARTIN; SARGENT CAS; EARL
TOPPINGS; RICHARD BUNCH; JOHNNY
DAVIS; ERIC YONG; CARLOS DELGADO;
OFFICER WEST; UNIT MANAGER
BLAND; OFFICER SANDERS; DR. COOK;
CERT TEAM WHITEFIELD; OFFICER
GEORGE; UNKNOWN CERT TEAM
MEMBERS; OFFICER JONES; UNKNOWN
SMITH STATE PRISON NURSES; TOOL;

TOUCHA; COCHA; BRIAN OWENS; and
NATHAN DEAL,
Defendants.

ORDER

Before the Court is the Magistrate Judge's Order and Report and Recommendation issued

on June 20, 2015. (Doc. 22.) Therein, the Magistrate Judge ordered Plaintiff to show cause,

within thirty days, why this action should not be dismissed without prejudice for Plaintiffs
failure to truthfully disclose his litigation history. (Id. at pp. 10-11.) Additionally, the Magistrate

Judge reviewed several motions for injunctive relief filed by Plaintiff and recommended that
those Motions be denied. (Id at pp. 13-17.) The Report and Recommendation made clear that

if Plaintiff sought to object to the denial of his Motions for injunctive relief, he must file his

objections within fourteen days. (Id. at p. 18.) That deadline has now passed, and Plaintiff has
not filed any objections.

After an independent and de novo review of the entire record, the undersigned concurs

with the Magistrate Judge's Report and Recommendation on Plaintiffs Motions for injunctive
relief, to which no objections have been filed.

Accordingly, that portion of the Magistrate

Judge's Order and Report and Recommendation is ADOPTED as the opinion of the Court.

Plaintiffs Motion for Permanent Injunction, Motion for Temporary Restraining Order (doc. 7);

Motion for Help (doc. 12); and Motion for Preliminary Injunction and Motion for Temporary
Restraining Order (doc. 15) are hereby DENIED.

Additionally, the Court once again reminds Plaintiff of his obligation to show cause,

within thirty (30) days of the date of the Magistrate Judge's Order and Report and

Recommendation, why this action should not be dismissed for Plaintiffs failure to truthfully

disclose his litigation history. Should Plaintiff fail to meet that obligation, the Court may dismiss
this action.

SO ORDERED, this A^cfe ofAugust, 2015.

HON^RA^pTRANDAL HALL
UNITED STATES DISTRICT JUDGE
DISTRICT OF GEORGIA