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)

Download PDF
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.

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?