United States District Court for the Northern District of Florida, 2021

FLEMING v. FEDERAL BUREAU OF PRISONS

FLEMING v. FEDERAL BUREAU OF PRISONS
United States District Court for the Northern District of Florida · Decided July 20, 2021
FLEMING v. FEDERAL BUREAU OF PRISONS

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF FLORIDA

TALLAHASSEE DIVISION

RHONDA FLEMING & KATORIA

GREENE,

Plaintiffs, v. Case No.: 4:21cv260-MW/MJF

FEDERAL BUREAU OF PRISONS, et al.,

Defendants. _________________________/

ORDER ACCEPTING REPORT AND RECOMMENDATION

This Court has considered, without hearing, the Magistrate Judge's Report and Recommendation, ECF No. 4, and has also reviewed de novo Plaintiffs’ objections, ECF No. 6. Accordingly,

IT IS ORDERED:

The report and recommendation, ECF No. 4, is accepted and adopted, over the Plaintiffs’ objections, as this Court’s opinion. See Hubbard v. Haley, 262 F.3d 1194, 1198 (11th Cir. 2001); see also Gandy v. Bryson, 799 F. App’x 790, 791-92 (11th Cir. 2020) (extending Hubbard’s reasoning from joinder to intervention and affirming denial of pro se inmate’s motion to intervene in another inmate’s case without paying the full filing fee); Bowens v. Turner Guilford Knight Detention, 510 F. App’x 863 (11th Cir. 2013) (applying Hubbard and affirming dismissal without prejudice of multi-plaintiff prisoner civil rights suit arguably involving exigent danger to the prisoners). The Clerk shall enter judgment stating, “Plaintiffs’ claims DISMISSED without prejudice.” The Clerk shall close the file. Each Plaintiff may proceed by filing an individual complaint on her own behalf and paying the full $402.00 fee or submitting an individual application to proceed in forma pauperis. Either way, the actions must proceed separately.

SO ORDERED on July 20, 2021. s/Mark E. Walker

Chief United States District Judge

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