Dunn et al v. Thomas et al

Filing 4060

ORDER: It is ORDERED that inmate Elbert Ballard's pro se motion to intervene (Doc. 4059 ) is denied as further set out in the order. He can simply file a separate and independent Eighth Amendment lawsuit. Signed by Honorable Judge Myron H. Thompson on 10/27/2023. (dmn, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION
EDWARD BRAGGS, et al.,

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Plaintiffs,
v.
JOHN HAMM, in his
official capacity as
Commissioner of
the Alabama Department of
Corrections, et al.,
Defendants.

CIVIL ACTION NO.
2:14cv601-MHT
(WO)

ORDER DENYING MOTION TO INTERVENE
It is ORDERED that inmate Elbert Ballard’s pro se
motion to intervene (Doc. 4059) is denied.
***
In

his

motion,

Ballard

alleges

that

ADOC

is

retaliating against him for testifying in this case.
Specifically,
adequate
cataracts.

he

medical

alleges
care

Because

by
of

that

ADOC

is

denying

him

refusing

to

remove

his

this

alleged

deliberate

indifference, and because he alleges the mistreatment is
caused by his prior testimony in this case, Ballard seeks

to intervene in this case.

But such intervention is

neither required nor appropriate as a permissive matter.
First, intervention as a right is not available
because Ballard is not “so situated that disposition of
[this case], as a practical matter, may impede or impair
his ability to protect” any interest he alleges in his
motion.

Chiles v. Thornburgh, 865 F.2d 1197, 1213 (11th

Cir. 1989) (citing Fed. R. Civ. P. 24(a)(2)).
Second, permissive intervention is not appropriate
because Ballard’s claim does not share with the main
action, in its current posture, “a common question of law
or fact,” as required by Federal Rule of Civil Procedure
24(b)(1)(B), and his inclusion in this case at this late
remedial-stage

would

“unduly

delay

or

prejudice

the

adjudication of the original parties’ rights,” id. at
(b)(3).
Finally,

he

can

simply

file

a

separate

and

independent Eighth Amendment lawsuit.
DONE, this the 27th day of October, 2023.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE