Canup et al v. Donald et al, No. 1:2007cv01701 - Document 5 (N.D. Ga. 2007)
Court Description: 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)
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Case 1:07-cv-01701-TWT Document 5 Filed 08/07/2007 Page 1 of 2 FILED IN CHAMBERS THOMAS W. THRASH JI U. 5 . D.C . Atlanta A UG 8 89 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, CIVIL ACTION NO . 1 :07-CV-1701-TWT V. PRISONER CIVIL RIGHTS 42 U.S .C . § 1983 JAMES E . DONALD ; et al ., Defendants . ORDER AND OPINION 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 pauperis. [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 Page 2 of 2 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 EFORE 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 DIRECTED 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 . IT IS S O ORD ERED, this 7 day of , 2007 . THOMAS W . THRASH, JR . UNITED STATES DISTRICT JUDGE 2 A O 7 2A (Rev .818 2)
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