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Owens v. Morales

United States District Court, S.D. Georgia, Savannah Division

May 26, 2015

JACKIE DEWAYNE OWENS, Plaintiff,
v.
JOSE MORALES, et al., Defendants.

ORDER

G. R. SMITH, Magistrate Judge.

Coastal State Prison (CSP) inmate Jackie Dewayne Owens filed this 42 U.S.C. § 1983, prison-conditions complaint arising from: (a) his medical treatment (prison officials' failure to timely avail him his prescribed leg brace and adequately treat his hepatitis-C infection); (b) retaliation for using his prison's grievance process; and (c) his prison's constructive denial of his access to the courts by failing to avail him free copying and return-postage to enable court filings. Doc. 1. He seeks damages and injunctive relief. Id. at 10.

Owens is proceeding in forma pauperis (IFP) and, in screening his case under 28 U.S.C. § 1915(e)(2)(B)(ii), the Court directed him to ensure that a fully completed "Prison Trust Fund Account Statement" be filed with this Court (his filing omitted account-balance information necessary to determine his filing fee payments). Doc. 13 at 3-4. It also directed him to disclose, in a "Response to Court Order" filing, the existence of any additional lawsuits that he filed in the past and include, as best he was able, the case name, court, case-filing number and what became of each case. On that same "Response" he was also required to affirm the date on which he gave the repeat Account Statement form to his custodian. Id.

In response, Owens has disclosed two prior lawsuits.[1] But he fails to admit or deny that the one lawsuit the Court located, Owens v. Summers, CV497-247, doc. 7 (N.D.Ga. July 13, 1997) (order refusing to certify good faith of appeal from "motion of bias" ruling), is a third. Doc. 14-1 at 1-2. This information is vital to the Court's determination whether he is subject to the "three-strikes" provision of 28 U.S.C. § 1915(g).[2] Owens is DIRECTED, within 21 days of the date this Order is served, to admit or deny that he is the Owens who filed the CV497-247 case.[3] Also, the court has since located Owens v. Van Pelt, CV497-281, doc. 3 (N.D.Ga. Oct. 24, 1997) ("dismissing case for failure to obey a lawful order of the court."), and Owens must claim or deny that filing, too.

Meanwhile, plaintiff also certifies that he "placed the court Order [doc. 131 and Trust Fund Account Statement in the [CSP] mailbox on 3-6-2015 addressed to J. Miller, inmate trust fund." Doc. 14-1 at 2. The Court independently contacted prison officials and they have delivered a completed Prison Trust Fund Account Statement, doc. 17, plus an updated Consent form. Doc. 16. The Court will act on those and the remainder of this case after Owens complies with the above directive (it is possible that the Court will not reach the fee issue if in fact Owens is § 1915(g)-barred). For the moment, however, all of his motions (doc. 4, 6, 8 & 12) are DENIED.

SO ORDERED.


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