Birston et al v. Hancock County Sheriff's Department et al

Filing 4

ORDER denying 2 Motion for Leave to Proceed in forma pauperis and dismissing the case . Ordered by Judge Hugh Lawson on 2/21/2007. (nbp,HL)

Birston et al v. Hancock County Sheriff's Department et al

Doc. 4

Case 5:07-cv-00054-HL-CWH

Document 4

Filed 02/21/2007

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA MACON DIVISION J.T. BIRSTON and DALE SPENCER, : : Plaintiffs : : VS. : : Sheriff TOMLYN PRIMUS, et al., : : Defendants : _____________________________________

NO. 5:07-CV-54 (HL)
ORDER

Plaintiffs, J.T. BIRSTON and DALE SPENCER, inmates of the Hancock County Detention Center in Sparta, Georgia have filed a joint pro se complaint under 42 U.S.C. § 1983, challenging, inter alia, the conditions of their confinement. Plaintiffs also seek to proceed in forma pauperis . The Prison Litigation Reform Act of 1995 (the "PLRA") requires that a prisoner bringing a civil action in forma pauperis pay the full filing fee. 28 U.S.C. § 1915(b). The Eleventh Circuit Court of Appeals has recently held that prisoners proceeding in forma pauperis are not allowed to join together as plaintiffs in a single lawsuit. Each prisoner is required to file his own lawsuit and pay the full amount of the filing fee. Hubbard v. Haley, 262 F.3d 1194 (11th Cir. 2001). Prisoners may not join claims and thus pro-rate a single filing fee. As the Eleventh Circuit in Hubbard noted, requiring each plaintiff to pay the full filing fee is consistent with Congress's purpose of imposing costs on prisoners to deter frivolous suits. Id. at 1197-98. Applying this principle to the case at hand, plaintiffs' requests to proceed in forma pauperis are hereby DENIED and this case is DISMISSED. Dismissal is without prejudice and plaintiffs will be allowed to refile their complaints separately, if they choose.

Dockets.Justia.com

Case 5:07-cv-00054-HL-CWH

Document 4

Filed 02/21/2007

Page 2 of 2

SO ORDERED, this 21st day of February, 2007.

s/ Hugh Lawson HUGH LAWSON UNITED STATES DISTRICT JUDGE cr