You're viewing Docket Item 2 from the case Rosa v. Florida Department Of Corrections. View the full docket and case details.

Download this document:

Case 8:13-cv-02425-JSM-EAJ Document 2 Filed 09/20/13 Page 1 of 3 PageID 44









Case No. 8:13-CV-2425-T-30EAJ


Plaintiff is a State of Florida prisoner confined at Hardee Correctional Institution

(“HCI”) and proceeding pro se. It appears that he is attempting to commence a civil action

under 42 U.S.C. § 1983 for civil rights violations alleged to have occurred at both HCI and

Charlotte Correctional Institution (“CCI”). He filed a motion for a temporary restraining

order (Dkt. 1). He did not, however, pay the filing fee, request leave to proceed in forma

pauperis, or file a complaint to initiate an action.

A complaint is necessary for the commencement of a civil action. Fed. R. Civ. P. 3.

Any complaint must contain “a short and plain statement of [Plaintiff’s] claim showing that

[he] is entitled to relief.” Fed. R. Civ. P. 8.

Furthermore, Plaintiff must pay the $ 350 filing fee required by 28 U.S.C. § 1914(a)

or request leave to proceed in forma pauperis and submit the affidavit and trust account

statement required by 28 U.S.C. § 1915(a)(1). Section 1915(a)(2) requires “a prisoner

Case 8:13-cv-02425-JSM-EAJ Document 2 Filed 09/20/13 Page 2 of 3 PageID 45

seeking to bring a civil action without prepayment of fees or security therefor, in addition to

filing the affidavit filed under paragraph (1), shall submit a certified copy of the trust fund

account statement (or institutional equivalent) for the prisoner for the 6-month period

immediately preceding the filing of the complaint . . . , obtained from the appropriate official

of each prison at which the prisoner is or was confined.” In order to proceed, Plaintiff must

either pay the filing fee or comply with the in forma pauperis statute.

Unless Plaintiff completes each of these requirements there is no basis for entertaining

or granting a motion for a temporary restraining order.

Plaintiff is cautioned that he cannot represent the interest of other inmates, and

indigent prisoners are not permitted to bring an action on behalf of other inmates or

themselves without each inmate being responsible for the $ 350.00 filing fee. (See Dkt. 1

at p. 11). See, e.g., George v. Smith, 507 F.3d 605, 607 (7th Cir. 2007); James v. Adams, No.

3:09-cv-915-J-34JRK, 2010 U.S. Dist. LEXIS 132213, 2010 WL 51611642, at *8 (M.D. Fla.

Dec. 14, 2010) (“Plaintiff’s request for injunctive relief on behalf of CM prisoners housed

at FSP is improperly before this Court. Plaintiff cannot represent the interests of other

inmates; they may initiate their own separate civil rights actions and seek relief.”). Also,

Fed. R. Civ. P.18(a) provides that “[a] party asserting a claim, counterclaim, crossclaim, or

third-party claim may join, as independent or alternative claims, as many claims as it has

against an opposing party.” F.R.C.P. 18(a). However, “multiple claims against a single party

are fine, but Claim A against Defendant 1 should not be joined with unrelated Claim B

against Defendant 2. Unrelated claims against different defendants belong in different suits,


Case 8:13-cv-02425-JSM-EAJ Document 2 Filed 09/20/13 Page 3 of 3 PageID 46

not only to prevent the sort of morass [a multiple claim, multiple defendant] suit produce[s],

but also to ensure that prisoners pay the required filing fees-for the Prison Litigation Reform

Act [“PLRA”] limits to 3 the number of frivolous suits or appeals that any prisoner may file

without prepayment of the required fees. 28 U.S.C. § 1915(g).” George v. Smith, 507 F.3d

at 607.

Finally, many of Plaintiff’s allegations involve defendants who are employed at CCI,

which is located in the Fort Myers Division of the Middle District of Florida, and any

allegations against those individuals must be filed in a separate complaint in that division.

Accordingly, the Court ORDERS that:


Plaintiff’s application for a temporary restraining order (Dkt. 1) is DENIED

without prejudice.


The Clerk of the Court shall send to Plaintiff the 42 U.S.C. § 1983 form

complaint and an application for leave to proceed in forma pauperis used in this court.


The Clerk of the Court is directed to close this case.

DONE and ORDERED in Tampa, Florida on September 20, 2013.

Copy to: Plaintiff pro se