IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF GEORGIA AUGUSTA DIVISION MWAMARATUNGA PIPORE, ) Plaintiff, v. CV 121-116 WARDEN EDWARD PHILBIN, Defendant. )

ORDER

After a careful, de novo review of the file, the Court concurs with the Magistrate Judge’s Report and Recommendation (“R&R”), to which objections have been filed. (Doc. no. 9.) The Magistrate Judge recommended dismissing Plaintiff's case as a sanction for Plaintiff providing dishonest information about his filing history. In his objection, Plaintiff argues his complaint was not frivolous and dismissing a complaint due to dishonesty is disfavored. To the contrary, “[a] n action is malicious when a prisoner misrepresents his prior litigation history on a complaint form requiring disclosure of such history and signs the complaint under penalty of perjury, as such a complaint is an abuse of the judicial process.” Burrell v. Warden I,

(11th Cir. 2021). As the Court explained in the R&R, the Eleventh Circuit has repeatedly approved of dismissing a case without prejudice as a sanction. (See doc. no. 7, pp. 4-5.) Plaintiff then simultaneously argues the Court must order service of Plaintiffs current complaint and the Court must require Plaintiff to amend the complaint. (Doc. no. 9, pp. 2-3.) Plaintiff did not file an amended complaint or a motion to amend his complaint following the

R&R, and he continues to insist upon his current complaint by asking the Court to order service of process. (See doc. no. 9, pp. 1, 3.) Regardless, Plaintiff may not now amend his complaint to include disclosure of the cases cited in the R&R because it would “circumvent the Court’s ability to manage its docket by imposing sanctions for providing false information about prior filing history.” Ludy v. Emmons, No. CV 316-033,

, at *1 (S.D. Ga. July 25, 2016) (citing Brown v. Overstreet, CV 107-113,

, at *2 n.2 (S.D. Ga. Jan. 30, 2008)); see also Harris v. Warden,

, 964-65 (11th Cir. 2012) (rejecting plaintiff's argument that district court abused its discretion by dismissing his complaint without prejudice as a sanction for abuse of the judicial process before “allowing him ‘to correct’ his failure to disclose his prior litigation history”). Should Plaintiff decide that he wants to pursue his claims in the future, nothing in this Order adopting the recommendation for dismissal puts any additional restrictions on Plaintiffs future filing activities beyond those already in place for any prisoner filing a new case in federal court. Accordingly, the Court OVERRULES Plaintiffs objections, ADOPTS the Report and Recommendation of the Magistrate Judge as its opinion, DIMISSES this action without prejudice as a sanction for Plaintiff's abuse of the judicial process, and CLOSES this civil action. SO ORDERED this GA day of October 2021, at Augusta, Georgia.

/ NAWY SIZES J. RANDAV HALLY CHIEF JUDGE UNITED STATES DISTRICT COURT OUTHERN DISTRICT OF GEORGIA