Opinion
CIVIL ACTION NO. 1:17-CV-2687-TWT-RGV
07-28-2017
JOSEPH TIGER D. PRINCE; et al., Plaintiffs, v. GEORGIA DEPARTMENT OF PARDONS AND PAROLES; et al., Defendants.
PRISONER CIVIL RIGHTS 42 U.S.C. § 1983 ORDER AND FINAL REPORT AND RECOMMENDATION
Numerous pro se inmates currently confined in the Augusta State Medical Prison in Augusta, Georgia, including Joseph Tiger D. Prince, Timothy Adams, Nick R. Smith, and Billy Porter, have filed this pro se civil rights action challenging various conditions of their confinement. [Doc. 1]. Only Prince, Adams, Smith, and Porter have submitted applications for leave to proceed in forma pauperis. [Docs. 2-5]. Additionally, Prince has filed a motion for class action certification. [Doc. 6].
The Court notes that Prince has filed at least three prior cases while incarcerated that were dismissed either as frivolous, malicious, or for failure to state a claim. See Prince v. Champion, No. 1:16-CV-0111-JRH-BKE (S.D. Ga. Aug. 24, 2016) (dismissing plaintiff's complaint pursuant to 28 U.S.C. § 1915(g)). --------
This case cannot proceed as a class action since plaintiffs, as pro se prisoners, cannot assert the legal rights of other people in federal court. See Bass v. Benton, 408 F. App'x 298, 299 (11th Cir. 2011) (per curiam) (affirming dismissal of purported class action § 1983 suit filed by pro se prisoner); Wallace v. Smith, 145 F. App'x 300, 302 (11th Cir. 2005) (per curiam) ("'[I]t is plain error to permit [an] imprisoned litigant who is unassisted by counsel to represent his fellow inmates in a class action.'") (quoting Oxendine v. Williams, 509 F.2d 1405, 1407 (4th Cir. 1975)). Accordingly, Prince's motion for class action certification, [Doc. 6], is due to be DENIED. Additionally, under the Prison Litigation Reform Act, "each prisoner must bring a separate suit in order to satisfy the Act's requirement that each prisoner pay the full filing fee." Hubbard v. Haley, 262 F.3d 1194, 1197-98 (11th Cir. 2001). Therefore, in order for an independent frivolity determination to be made concerning each individual plaintiff pursuant to 28 U.S.C. § 1915A, and to insure that each plaintiff pays the full filing fee as required by law, the undersigned RECOMMENDS that this action be DISMISSED WITHOUT PREJUDICE.
The Clerk is DIRECTED to terminate the referral to the assigned Magistrate Judge.
SO ORDERED AND RECOMMENDED, this 28th day of JULY, 2017.
/s/_________
RUSSELL G. VINEYARD
UNITED STATES MAGISTRATE JUDGE