Jordan et al v. Rogers State Prison et al

Filing 28

ORDER ADOPTING 20 Report and Recommendations. Plaintiff is Denied leave to proceed in forma pauperis on appeal. This case stands Closed. Signed by Chief Judge J. Randal Hall on 07/25/2017. (pts)

IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF GEORGIA
STATESBORO DIVISION

CRAIG A. JORDAN,
Plaintiff,

CIVIL ACTION NO.: 6:17-cv-29

ROGERS STATE PRISON; WARDEN
CLAY TATUM; DEPUTY WARDEN FNU
MCFARLANE; JENNIFER CLARK; and
OFFICER SHELIA HOLLAND,
Defendants.

ORDER

Presently before the Court are Plaintiffs Objections to the Magistrate Judge's Report and

Recommendation dated May 12, 2017, (doc. 20). In his Objections, Plaintiff essentially attempts
to explain away his failure to disclose the cause of action he filed while he was housed at the

Paulding County Jail, as required. Plaintiff maintains he was not "imprisoned" at the Paulding

County Jail; rather, he was only being held there "for a hearing or two[.]" (Doc. 23, p. 2.) In
addition, Plaintiff contends Paulding County Jail is not a prison. However, Plaintiffs assertions

overlook the plain language of the Complaint form he submitted to the Court, which requires a

prisoner-litigant to disclose all lawsuits filed in federal or state court relating to the conditions of
his imprisonment. (Doc. 20, p. 4 (citing Doc. 16, p. 4).) As the Magistrate Judge informed
Plaintiff, his attempt to explain his failure to disclose the existence of this lawsuit—particularly
when the Court has already dismissed a previously-filed complaint based on Plaintiffs failure to

disclose the same cause of action—is rejected. (Id at p. 5 (quoting Redmon v. Lake Cty.

Sheriffs Office, 414 F. App'x 221, 226 (11th Cir. 2011).)1
Thus, after an independent and de novo review of the entire record, the Court concurs

with the Magistrate Judge's Report and Recommendation. The Court ADOPTS the Magistrate
Judge's Report and Recommendation as the opinion of the Court and OVERRULES Plaintiffs
Objections.

The Court DISMISSES Plaintiffs Complaint based on his lack of candor and

DIRECTS the Clerk of Court to enter the appropriate judgment of dismissal and to CLOSE this

case. The Court DENIES Plaintiff leave to proceed informa pauperis on appeal.

SO ORDERED, this cftS^ day ofJuly, 2017.

J. RANDALIL^C, CHIEF7UDGE
UNITE1TSTATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA

1 The term "prisoner" "means any person incarcerated or detained in any facility who is accused of,
convicted of, sentenced for, or adjudicated delinquent for, violations of criminal law or the terms and

conditions of parole, probation, pretrial release, or diversionary program." 28 U.S.C. § 1915(h).
Accordingly, Plaintiffs detention at the Paulding County Jail was a form of imprisonment, and any
lawsuit arising during Plaintiffs detention at this Jail concerning the conditions of his confinement at that
Jail qualifies as a lawsuit that Plaintiff should have disclosed.