Amerson v. Allen et al

Filing 18

ORDER overruling 16 Objections, adopting 15 Report and Recommendations, dismissing without prejudice the Complaint, and directing the Clerk of Court to close this case and enter the appropriate judgment of dismissal. The Court denies Plaintiff in forma pauperis status on appeal. Signed by Chief Judge J. Randal Hall on 07/23/2018. (thb)

FiLED _
IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF GEORGIA
STATESBORO DIVISION

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29i8JUL23 AMI}: (I*
CLERK

CHRISTOPHER LEE AMERSON,

SO.DfdT Cr GA.
Plaintiff,

CIVIL ACTION NO.: 6:17-cv-156

V.

MARTY ALLEN; CHRISTOPHER M.
CARR; and ELIZABETH SUTTON CLARK,
Defendants.

ORDER

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

with the Magistrate Judge's Report and Recommendation, (doc. 15), to which Plaintiff filed

Objections, (doc. 16).' In his Objections, Plaintiff asserts he does "not recall" having filed a
previous cause of action in the Northern District of Georgia. (Id. at pp. 1, 2.) Instead, Plaintiff
contends he only wrote letters to that court.

Based on the information at the Court's disposal, however. Plaintiff filed at least one

cause of action prior to the filing of his Complaint in this case, and he failed to disclose this
filing.

CompL, Amerson v. Unknown, l:14-cv-03506 (N.D. Ga. Oct. 30, 2014), ECF No. 1.

The Magistrate Judge correctly determined that Plaintiffs failure to disclose this filing represents
a lack of candor with the Court.

The Court OVERRULES Plaintiffs Objections and, accordingly, ADOPTS the

Magistrate Judge's Report and Recommendation as the opinion of the Court. The Court
DISMISSES without prejudice Plaintiffs Complaint and DIRECTS the Clerk of Court to

' Plaintiff also filed a Letter and Declaration after the issuance of the Report and Recommendation.
(Doc. 17.) Nothing in this filing alters the Court's disposition of this cause of action.

CLOSE this case and enter the appropriate judgment of dismissal. The Court DENIES Plaintiff
informa pauperis status on appeal.

SO ORDERED,this/^^^'^v ofJuly, 2018.
,CHIEF JUDGE

UNITED ST^ES DISTRICT COURT
DISTRICT OF GEORGIA