Smith v. Allen et al

Filing 6

ORDER overruling objections, adopting 3 Report and Recommendations, dismissing Plaintiff's complaint based on his lack of candor, directing the Clerk of Court to enter the appropriate judgment of dismissal, and to close this case. The Court denies Plaintiff leave to proceed in forma pauperis on appeal. Signed by Chief Judge J. Randal Hall on 08/03/2018. (thb)

IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF GEORGIA
STATESBORO DIVISION

ORLANDO CORTEZ SMITH,
CIVIL ACTION NO.: 6:18-cv-69

Plaintiff,

MARTY ALLEN; MR. ALLEN; and MR.
ODUM,
Defendants.

ORDER

Presently before the Court are Plaintiffs Objections to the Magistrate Judge's Report and
Recommendation dated July 16, 2018,(doc. 3). In his Objections, Plaintiff attempts to explain
away his failure to disclose his previously-filed causes of action. Plaintiff contends he did not
understand the question relating to previous lawsuits contained on the form complaint, and that
he had only forgotten to list one (1) previously-filed complaint from 1996. (Doc. 5, p. 1.)
Additionally, Plaintiff asserts Defendants falsely stated he filed complaints in 2000 and 2007.
(Id. at p. 2.)

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. 3, p. 3 (citing Doc. I, p. 2).) As the
Magistrate Judge informed Plaintiff, he failed to answer "fully and truthfully!]"
misrepresented his litigation history. (Id at p. 5.) The Court will not tolerate such lack of
candor, and a litigant's alleged forgetfulness and attempt to cast blame on others cannot serve to
excuse such lack of candor.

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 rS^dav of August,2018.

J. RANQAI3BALL,CHIEF JUDGE

UNITED^TES DISTRICT COURT
SOUTHED DISTRICT OF GEORGIA