Opinion
PRISONER CIVIL RIGHTS 42 U.S.C. § 1983, CIVIL ACTION NO. 1:07-CV-3126-TWT.
March 10, 2008
ORDER and OPINION
Plaintiffs, currently detained at the Fulton County Jail in Atlanta, Georgia, have filed the instant pro se action complaining of (1) November 9 and 13, 2007, strip searches that were carried out — without explanation, need, or cause — in a very degrading manner and (2) threats to perform further strip searches if and when the officers feel like it. (Doc. No. 1 ¶ IV.)
To the extent Plaintiffs intended to bring a class action, it is "plain error to permit [an] imprisoned litigant who is unassisted by counsel to represent his fellow inmates in a class action." Oxendine v. Williams, 509 F.2d 1405, 1407 (4th Cir. 1974) (citing Anderson v. Moorer, 372 F.2d 747, 751 n. 5 (5th Cir. 1967)); see also Massimo v. Henderson, 468 F.2d 1209, 1210 (5th Cir. 1972) (holding that nonlawyer inmate may not proceed in federal court on behalf of fellow inmates). Accordingly, this Court will treat this action as one alleging a violation of Plaintiffs' individual rights. Under the Prison Litigation Reform Act (" PLRA") it is proper for a district court to (1) dismiss anin forma pauperis civil action brought by multiple inmates, (2) open separate actions for each named plaintiff, and (3) require each plaintiff to submit a separate in forma pauperis affidavit and assume full responsibility for the filing fee in his own action. Hubbard v. Haley, 262 F.3d 1194, 1197-98 (11th Cir. 2001).
In conformity with PLRA fee requirements for prisoner in forma pauperis actions, this Court will dismiss the instant action without prejudice and open new civil rights actions for each of the named Plaintiffs.
IT IS THEREFORE ORDERED that the instant civil rights complaint is DISMISSED WITHOUT PREJUDICE.
The Clerk of Court is DIRECTED to OPEN a new civil rights action on behalf of each Plaintiff named in the instant action and to file therein, as appropriate, the in forma pauperis affidavit filed by each Plaintiff in this action. (See Doc. Nos. 2-5, 7.) The Clerk of Court is DIRECTED to send each named Plaintiff a copy of this Order and a copy of the docket sheet for the new civil rights action opened on his behalf.
IT IS SO ORDERED.