Webb v. Allen

Filing 11

ORDER Overruling Plaintiff's Objections and ADOPTING 5 Report and Recommendations as the opinion of the Court. Plaintiff's complaint is dismissed without prejudice and the Court denies Plaintiff ifp status on appeal. This case stands closed. Signed by Chief Judge J. Randal Hall on 5/7/2018. (pts)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF GEORGIA
STATESBORO DIVISION

AARON WEBB,

Plaintiff,

CIVIL ACTION NO.: 6:18-cv-28

V.

MARTY ALLEN,
Defendant.

ORDER

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

with the Magistrate Judge's Report and Recommendation, (doc. 5), to which Plaintiff filed
Objections, (doc. 7). In his Objections, Plaintiff asserts that he has only filed one previous
lawsuit in the Northern District of Georgia. (Id. at p. 2.)

While it is true Plaintiff only filed one previous cause of action in the Northem District of

Georgia, Plaintiff overlooks the fact that he has filed a previous cause of action in this District:

Webb V. Brown. l:15-cv-32.' Thus, Plaintiffs failure to disclose this second previous cause of
action constitutes a lack of candor with this Court. In addition. Plaintiffs complaint in Webb v.
Brown was dismissed based on Plaintiffs failure to state a claim after he was granted in forma

pauperis status. (Doc. 5, p. 4 (citing Order, Webb v. Brovm. l:15-cv-032 (S.D. Ga. Feb. 27,
2015), ECF No. 3 (granting informa pauperis status); R.& R. and Order, Webb v. Brown. 1:15cv-032 (S.D. Ga. Apr. 15 and May 11, 2015), ECF Nos. 7, 9 (dismissing cause of action for
failure to state a claim).) Plaintiffs failure to disclose this previous lawsuit, in which he was

' The "Aaron Webb" who filed Webb v. Brown has the same prisoner identification number as the
"Aaron Webb" who filed the instant cause of action.

permitted to proceed informa pauperis and which was dismissed for his failure to state a claim,
further reveals Plaintiffs lack of candor with this 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 DENIES Plaintiff informa pauperis
status on appeal. The Court DIRECTS the Clerk of Court to CLOSE this case and enter the
appropriate judgment of dismissal.

so ORDERED,this _lZ_ <lay of May,2018.

HALL,CHIEF JUDGE

IITED3TATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA