Canup et al v. Donald et al

Filing 5

ORDER AND OPINION this case is DISMISSED WITHOUT PREJUDICE. The Clerk is directed to OPEN a new civil rights action on behalf of each plaintiff named in this case; and docket 2 David Canup's financial affidavit as part of his separate action, 3 Carl Bedgood's financial affidavit as part of his separate action, and 4 Motion to Appoint Counsel in each of the separate complaints. Signed by Judge Thomas W. Thrash Jr. on 8/7/07. (dr)

Case 1:07-cv-01701-TWT

Document 5

Filed 08/07/2007

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FILED IN CHAMBERS THOMAS W. THRASH JI U. 5 . D.C . Atlanta

IN THE UNITED STATES DISTRICT COURT ME5 N . H ATT , C~e~~ FOR THE NORTHERN DISTRICT OF GE4R~~' ATLANTA DIVISION DAVID CANUP and CARL A . BEDGOOD, Plaintiffs,
V.

A

UG 8 89

CIVIL ACTION NO . 1 :07-CV-1701-TWT PRISONER CIVIL RIGHTS 42 U.S .C . § 1983

JAMES E . DONALD ; et al ., Defendants .

ORDER AND OP INI ON Plaintiffs, David Canup and Carl A . Bedgood, currently incarcerated at the Wayne State Prison in Odum, Georgia, have filed the instant fro se civil rights action . Each Plaintiff has submitted a separate financial affidavit in support of his request to proceed in forma p auperis . [Docs . 2 and 3] .
Pursuant to the Prison Litigation Reform Act ("PRLA") it is proper for a district

court to dismiss .a civil action brought by multiple inmates who did not file separate actions and did not pay separate filing fees . See Hubbard v . HalEV, 262 F .3d 1194, 1198 (11th Cir. 2001). In Hubbard, the Eleventh Circuit affirmed the district court's
decision that (1) dismissed without prejudice the initial multi-plaintiff complaint ; (2)

opened separate actions for each of the named plaintiffs ; and (3) directed each plaintiff

as 72A (R ev .8182)

Case 1:07-cv-01701-TWT

Document 5

Filed 08/07/2007

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to file separate financial affidavits in support of a request to proceed in forma au eris . Id. at 1195-98 . Thus, to allow for independent 28 U .S .C . § 1915A frivolity determinations to be made concerning each individual prisoner, and to insure that each Plazntiffpays the
full filing fee, this Court will dismiss the instant action without prejudice and open

new civil rights actions for each of the named Plaintiffs .
IT I S THER E FORE ORDERED that the instant civil rights complaint is

DISMISSED WITHOUT PREJUDICE . The Clerk of Court is DIRECTED to OPEN a new civil rights action on behalf of each Plaintiff named in the instant action . Each Plaintiff shall be individually responsible for the applicable filing fee . The Clerk is further DIR E CTED to docket : ( 1 ) Plaintiff David Canup's financial affidavit [Doc . 2] as part of his separate action ; (2) Plaintiff Carl A . Bedgood's financial affidavit [Doc . 3] as part of his separate action ; and (3) a copy of Plaintiffs' motion to appoint counsel [Doc . 4] in each of the separate complaints . I T I S S O ORD E RED , this 7 day of , 2007 .

THOMAS W . THRASH, JR . UNITED STATES DISTRICT JUDGE 2

A O 7 2A (Rev .818 2)