Timmons v. Georgia Department of Corrections et al

Filing 7

ORDER overruling Plaintiff's objections and ADOPTING 5 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)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF GEORGIA STATESBORO DIVISION TIMOTHY TIMMONS, Plaintiff, CIVIL ACTION NO.: 6:17-cv-66 GEORGIA DEPARTMENT OF CORRECTIONS, et al., Defendants. ORDER Presently before the Court are Plaintiffs Objections to the Magistrate Judge's Report and Recommendation dated May 17, 2017, (doc. 5). In his Objections, Plaintiff asserts that he filled out his Complaint "months before" he filed it with the Court. (Doc. 6, p. 2.) Even if this assertion is true, however, Plaintiff did not disclose the existence of at least one of his previously-filed causes of action. CompL, Timmons v. Reid, et al., 6:16-cv-58 (S.D. Ga. May 24, 2016), ECF No. 1. Plaintiffs complaint in Case Number 6:16-cv-58 was filed nearly a year prior to the filing of his undated Complaint in this case, and Plaintiff should have disclosed this previous filing in his Complaint in the instant cause of action. He did not do so, and this Court cannot ignore Plaintiffs lack of candor—despite how unintentional his lack of candor may have been. 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 ^<$cfav ofJuly, 2017. J. RANBA^HALL, CHIEF JUDGE UNITED^STATES DISTRICT COURT iRN DISTRICT OF GEORGIA

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