YOUNG v. ADAMS et al

Filing 14

ORDER adopting 11 Report and Recommendations; overruling objections; dismissing as moot 12 Motion for Leave to Proceed in forma pauperis; and denying Plaintiff leave to proceed in forma pauperis on appeal. The Court dismisses Plaintiff's complaint for failure to truthfully disclose his litigation history and directs the Clerk of Court to enter the appropriate judgment of dismissal and close this case. Signed by Chief Judge J. Randal Hall on 07/25/2017. (thb)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF GEORGIA STATESBORO DIVISION PRESTON MARZETTE YOUNG, Plaintiff, CIVIL ACTION NO.: 6:17-cv-62 v. ROBERT ADAMS, JR.; GSP OFFICER BELL; and OFFICER CRIBS, Defendants. ORDER Presently before the Court are Plaintiffs Objections to the Magistrate Judge's Report and Recommendation dated May 10, 2017, (doc. 11), as well as Plaintiffs Motion for Leave to Proceed in Forma Pauperis, (doc. 12). The Magistrate Judge recommended dismissal of this case, without prejudice, after Plaintiff failed to truthfully disclose his litigation history. In his Objections, (doc. 13), Plaintiff states that he "made an honest mistake" regarding his litigation history as a result of memory loss sustained from head injuries. However, as the Magistrate Judge explained in the Report and Recommendation, "[e]ven where the prisoner has later provided an explanation for his lack of candor", "the Eleventh Circuit has consistently upheld the dismissal of cases where a pro se prisoner plaintiff has failed to disclose his previous lawsuits." (Doc. 11, p. 5.) Accordingly, this Court cannot ignore Plaintiffs lack of candor—despite how unintentional his lack of candor may have been. Therefore, 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 for failure to truthfully disclose his litigation history and DIRECTS the Clerk of Court to enter the appropriate judgment of dismissal and to CLOSE this case. The Court DISMISSES as moot Plaintiffs Motion for Leave to Proceed in Forma Pauperis. (Doc. 12.) In addition, the Court DENIES Plaintiff leave to proceed informa pauperis on appeal. SO ORDERED, this c^^^av ofJuly, 2017. J. RAM^ALHAEL, CHIEF JUDGE UNITEDS^VTES DISTRICT COURT SOUTHERN DISTRICT OF GEORGIA

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