Bedgood v. Donald et al

Filing 4

ORDER and OPINION Dismissing Without Prejudice case 1:07-cv-1701. The Clerk of Court is DIRECTED to OPEN a new civil action on behalf of each Plaintiff named in the instant action; Carl A. Bedgood. Signed by Judge Thomas W. Thrash Jr. on 8/7/07. (epm)

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Case 1:07-cv-01879-TWT Document 4 Filed 08/08/2007 Page 1 of 2 FILED IN CHAMBEF THOMAS W. THRASH U . 5. D. C . Atlanta IN THE UNITED STATES DI STRI CT COURT ~M~~~ ~~Hen `Cierl FOR THE NORT HERN D IS TRI C T OF GEOR ATLANT A DIVISION DAVID CANUP and CARL A . BEDGOOD, Plaintiffs, V. 8~ CIVIL ACTION NO . 1 :07-CV-1701-TWT PRISONER CIVIL RIGHTS 42 U.S .C . 1983 JAMES E . DONALD ; et al ., Defendants . ORD ER AND OP INIO N Plaintiffs, David Camp and Carl A . Bedgood, currently incarcerated at the Wayne State Prison in Odum, Georgia, have filed the instant pLo se civil rights action . Each Plaintiff has submitted a separate financial affidavit in support of his request to proceed in forma au eris . [Rocs . 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 . Haley, 262 F .3d 1194, 1198 (11 th 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 ofthe named plaintiffs ; and (3) directed each plaintiff AO 72A (Re v . 8/82) .r .~.~ . Case 1:07-cv-01879-TWT Document 4 Filed 08/08/2007 Page 2 of 2 to file separate financial affidavits in support of a request to proceed in forma au eris . Id . at 1 195-98 . Thus, to allow for independent 28 U .5 .C . 1415A frivolity determinations to be made concerning each individual prisoner, and to insure that each Plaintiffpays 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 IS THEREFORE ORDERED that the instant civil rights complaint is DISMISSED WITHOUT PREJUDICE . The Clerk of Court is DIRECTED to OPEN anew 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 i s further DIRECTED to docket : (1) PlaintiffDavid Camp ' 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 [hoc . 4] in each of the separate complaints . IT IS SO ORDERED , thi s ~ "? d ay of , 2007 . Aw4i: : 2e~ THOMAS W . THRASH, JR . UNITED STATES DISTRICT JUDGE 2 AO 72A ( Re v.8182)

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