United States District Court, S.D. Georgia, Augusta Division
KENDRICK R. MARTIN, Plaintiff,
EDWARD PHILBIN, Warden; TOMMY TREMBLE, Deputy Warden of Security; LARRY REDD, Assistant Deputy Warden of Security; CLIFFORD BROWN, Unit Manager over the 11-B area; ORBEY HARMON, Captain, Chief of Security; QUATERRIO MOSS, Prison Guard; FREDRICK PRYOR, Prison Guard; MS. HALL, Prison Guard; LATOYA STRAWBRIDGE, Prison Guard; MS. JACKSON, Lieutenant; REGINA JOHNSON, Prison Nurse; LARRY SIMS, Prison Doctor; MR. BEST, Prison Guard; MS. WISER, Prison Guard; MS. PL ATT, Prison Investigator; DONNA YOUNG, Mental Health Director; LISA MAYO, Mental Health Unit Manager; PATRICK WILLIAMS, Clinical Director; CALVIN BROWN, SMH TU Program Supervisor; JUDY HAMILTON, Mental Health Unit Manager; and RUTHIE SHELTON, Deputy Warden of Care and Treatment, Defendants.
RANDAL HALL UNITED STATES DISTRICT JUDGE.
careful, de novo review of the file, the Court
concurs with the Magistrate Judge's Report and
Recommendation, to which objections have been filed, (doc.
nos. 48, 50). The Magistrate Judge recommended dismissing the
case without prejudice as a sanction for Plaintiff providing
dishonest information about his filing history. (See
doc. no. 46.) Specifically, Plaintiff provided dishonest
information about beginning other lawsuits dealing with the
same facts, and he failed to disclose five lawsuits he had
commenced prior to submitting his second amended complaint.
case law in the Report and Recommendation makes clear,
dishonesty in Court filings will not be tolerated and
properly results in dismissal of this case. (See
doc. no. 46, pp. 5-8.) Plaintiff has repeatedly been warned
about the requirements for providing truthful information in
Court filings, not only in this case, (see doc. no. 21, p.
2), but also in a prior case dismissed for providing
dishonest information, see Martin v. West, CV
616-118 (S.D. Ga. Oct. 24, 2016). The Court finds no basis to
depart from long-settled law that bad faith litigiousness or
manipulative tactics warrants dismissal without prejudice.
See Attwood v. Singletary, 105 F.3d 610, 613 (11th
Cir. 1997) (affirming dismissal of prisoner civil rights
complaint as sanction for lying about indigency and history
of abusing judicial process).
Plaintiffs objections and motion to "vacate" his
second amended complaint demonstrate a continued pattern of
dishonesty and manipulative tactics. (Doc. nos. 48-50.) In
his motion to "vacate" his second amended
complaint, Plaintiff claims it will be too
"complex" to pursue the mental health placement
claim he requested to add (without disclosing it had been
previously raised and rejected in a prior case), and claims
he only requested to amend the first amended complaint with
new evidence. (Doc. no. 49; see also doc. no. 50
(suggesting in objections mental health placement mentioned
only for "major role" it played in "whole
matter").) Of course, Plaintiff cited not only
Fed.R.Civ.P. 15 in his motion to amend, but also Fed.R.Civ.P.
19(a), which addresses joining a party. (See doc. no. 38, p.
1.) The second amended complaint named additional Defendants
who were allegedly responsible for his "illegal"
mental health category assignment at Augusta State Medical
Prison. (Doc. no. 45, p. 10, ¶ 46.) Six of these added
Defendants are the same individuals Plaintiff previously
attempted to sue for their role in his mental health
categorization in Martin v. Philbin, CV 118-128
(S.D. Ga. Aug. 17, 2018).
although Plaintiff is a seasoned litigator with over ten
federal cases to his name, Plaintiff claims he did not know
his undisclosed cases were "active," when he filed
his second amended complaint. (Doc. no. 48, p. 1.) However,
he also asserts he attached a letter to his second amended
complaint identifying the undisclosed cases, and that letter
provides the civil action numbers of the cases he supposedly
did not know were "active." (Id., Ex. A.)
This letter was not provided until after the Court
identified the undisclosed cases. Additionally, it is
disingenuous for Plaintiff to claim he did not know his cases
were active when he filed his second amended complaint on
September 16, 2019, yet also provide the case numbers in a
letter supposedly written the very same day.
the Court OVERRULES Plaintiffs objections,
DENIES the motion to "vacate"
Plaintiffs second amended complaint, (doc. no. 49),
ADOPTS the Report and Recommendation of the
Magistrate Judge as its opinion, DISMISSES
this case without prejudice as a sanction for Plaintiffs
abuse of the judicial process, and CLOSES this civil action.
 These Defendants include: Edward
Philbin, Ruthie Shelton, Donna Young, Lisa Mayo, Patrick
Williams, and Calvin Brown. Cf CV 118-128, doc. no. 12 (S.D.
Ga. Nov. 16, 2018) with CV ...