LOTT et al v. FYE et al

Filing 25

ORDER DENYING 23 Motion for Leave to Proceed in forma pauperis; DENYING 24 Motion to Certify Class. Ordered by U.S. District Judge MARC THOMAS TREADWELL on 11/12/2014. (tlh)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
MACON DIVISION

MACK HENRY LOTT, et al.,

:
:
Plaintiffs
:
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VS.
:
:
DR. CHIQUITA FYE, et al.,
:
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Defendants
:
________________________________:

NO. 5:14-CV-271 (MTT)
ORDER

On October 7, 2014, Plaintiff MACK HENRY LOTT filed a document entitled
“Appeal US Magistrate Judge[’]s Order” (Doc. 20).

It is unclear which of two Magistrate

Judge’s orders in this case Plaintiff wishes to appeal (Doc. 18 and Text Order dated Sept.
17, 2014).
Plaintiff also filed a motion to proceed in forma pauperis (“IFP”) on appeal (Doc.
23). As a prisoner with “three strikes” under 28 U.S.C. § 1915(g), Plaintiff may not
proceed IFP on appeal unless he qualifies for the imminent danger of serious physical
injury exception. As discussed in this Court’s August 1, 2014, Order, Plaintiff does not
qualify for the imminent danger exception. Plaintiff’s motion to proceed IFP on appeal is
accordingly DENIED. If Plaintiff wishes to proceed with his appeal, he must prepay the
entire $505 appellate filing fee.
Finally, Plaintiff has filed a motion for class certification (Doc. 24). As this Court
has previously informed Plaintiff, multiple prisoners proceeding IFP cannot join together
in a single class action lawsuit. Each prisoner wishing to sue Dr. Fye must file his own

separate section 1983 lawsuit and, in Plaintiff’s case, must either pay the $400.00 filing
fee or allege facts demonstrating that he is in imminent danger of serious physical injury.
Accordingly, Plaintiff’s motion for class certification is DENIED.
SO ORDERED, this 12th day of November, 2014.

S/ Marc T. Treadwell
MARC T. TREADWELL, JUDGE
UNITED STATES DISTRICT COURT
cr

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