Paulcin v. Unknown Defendant(s)
OPINION AND ORDER The Secretary of the Florida Department of Corrections shall file a response to the Plaintiff's [construed] Motion for Preliminary Injunction (Doc. 14 ) on or before February 23, 2018. 2.Plaintiff's Motion for Tempora ry Restraining Order (Doc. 14 ), construed as a Motion for Preliminary Injunction, is DEFERRED pending a response from the Attorney General. The Court will rule on the papers without a hearing. Denying re: 14 MOTION to Certify Class. The Clerk s hall immediately serve a copy of this Order on the Secretary for the Florida Department of Corrections, Attorney General, and the Warden at Charlotte Correctional by facsimile or electronic means. Signed by Judge Sheri Polster Chappell on 2/13/2018. (SLU)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
Case No: 2:17-cv-232-FtM-99MRM
SECRETARY, DOC, WEXFORD
HEALTH SOURCES, INC., TOM
REIMERS, JOHN DOE, J. WILLIS,
K. WILLIAMS, R. COLLINS, M.
KING, J. LICATA, J. REID, J.
BRUSSELL, J. POLICARD, S.
MATTHEWSON, JOHN DOE, A. R.
GOLDSTEIN, K. BLANKENSHIP, A.
OZUAL, A. CAMPBELL, C. NIES, C.
JOHNSON, K. ROACH, B. R.
GALLAGHER, H. GUIDA, B. COPE,
FNU ZIAGLER and FNU JOHNSON,
OPINION AND ORDER1
This matter comes before the Court on Plaintiff's Motion for Temporary Restraining
Order and Class Action (Doc. 14).
Plaintiff, a state prisoner incarcerated in the
Department of Corrections, alleges that “he is in threat of imminent death or great bodily
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harm2 and will suffer substantial irrevocable harm if his motion for extraordinary relief . . .
is not granted.” Doc. 14 at 1. The facts, as alleged by Plaintiff in his Motion are accepted
as true for purposes of this Order. Plaintiff suffers from various mental health disorders
and has committed many acts of self-harm. Id. at ¶¶2-3. On or about January 23 or 29,
2017, Gang members at Charlotte Correctional Institution stabbed Plaintiff in the head.
Id. at ¶5. Plaintiff was transferred to Martin Correctional Institution on February 14, 2017.
While there, he was repeatedly threatened and eventually assaulted by members of the
same gang in April 2017. Id. at ¶¶7-9. After a suicide attempt, Plaintiff was recommended
for transfer to a crisis stabilization unit (CSU); and, on April 24, 2017, was housed back
in Charlotte Correctional.
Id. at ¶¶ 12-13.
Plaintiff notified correctional officials at
Charlotte of the previous stabbing but officials took no action. Id. at ¶14. On April 26,
2017, Plaintiff was assaulted and stabbed multiple times by a gang member. Id. at ¶15.
On May 8, 2017, Plaintiff was transferred to Dade Correctional Institution. Id. at ¶16.
Plaintiff seeks, inter alia, to be placed on “house alone status” and transferred to a
“constitutionally ‘safe prison,’” and in particular, not be transferred back to either Martin
or Charlotte Correctional Institutions. Id. at 3 ¶17, 12 ¶1. According to an exhibit attached
to the Motion, “The Institutional Classification Team recommended and the State
Classification Officer approved [Plaintiff] for a resolve protection transfer on 05/04/17[ ]”
and Plaintiff was transferred from Charlotte Correctional Institution to Dade Correctional
Institution. Doc. 14-1 at 10.
In an abundance of caution, on the same day that Plaintiff filed this motion, the Court
entered an expedited order directing the Clerk to notify prison officials of Plaintiff’s
allegations. See Doc. 15.
Under Local Rule 4.05(a), the purpose of a temporary restraining order is to
support the status quo until the opposing party has been provided notice and an
opportunity to respond to the motion for a preliminary injunction. Based on the date that
Plaintiff’s Motion was filed - August 14, 2017, Plaintiff’s request for a transfer to a facility
other than Charlotte Correctional or Martin Correctional appeared moot.
Based on a
review of Plaintiff’s Second Amended Complaint (Doc. 18), the return address on the
motion last-filed by Plaintiff (Doc. 19), and the Department of Corrections’ Offender
Network site, Plaintiff is again housed back in Charlotte Correctional Institution.
As a result, the Court will direct the Secretary of the Florida
Department of Corrections to respond to Plaintiff’s Motion.
As for Plaintiff’s request for class certification, Plaintiff as a pro se litigant, cannot
represent his fellow inmates in a class action, given that “[i]t is plain error to permit [an]
imprisoned litigant who is unassisted by counsel to represent his fellow inmates in
a class action.” Wallace v. Smith, 145 F. App’x 300, 302 (11th Cir. 2005) (per curiam)
(quoting Oxendine v. Williams, 509 F.2d 1405, 1407 (4th Cir. 1975)).
Accordingly, it is now
The Secretary of the Florida Department of Corrections shall file a response
to the Plaintiff’s [construed] Motion for Preliminary Injunction (Doc. 14) on or before
February 23, 2018.
Plaintiff's Motion for Temporary Restraining Order (Doc. 14), construed as
a Motion for Preliminary Injunction, is DEFERRED pending a response from the Attorney
General. The Court will rule on the papers without a hearing.
Plaintiff’s Motion for Class Action (Doc. 14) is DENIED.
The Clerk shall immediately serve a copy of this Order on the Secretary for
the Florida Department of Corrections, Attorney General, and the Warden at Charlotte
Correctional by facsimile or electronic means.
DONE and ORDERED in Fort Myers, Florida this 13th day of February, 2018.
Copies: All Parties of Record
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