Wolchuk v. Jackson
Wolchuk v. Jackson
Trial Court Opinion
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF GEORGIA
DUBLIN DIVISION
BRADLEY ZACH WOLCHUK; STEVEN ) DONALD LEMERY; JOSEPH ) NOTTINGHAM; RANDALL SHANE ) SAVAGE; and CYNTHIA SHAPIRO ) WOLCHUK, ) ) Plaintiffs, ) ) v. ) CV 320-056 ) TARRA JACKSON; MICHELLE HARDY; ) JAMES KELLY; ANNETTE GARRISON; ) JOHNSON STATE PRISON; DIANE ) CULLINS; JOCYLEN ELBERT; ANTOINE ) CALDWELL; ADA MESSER; JOSEPH ) DANIEL FINCHER; RICHARD BERRY; ) MADIA WEST; DEPARTMENT OF ) CORRECTIONS FOOD SERVICES ) DEPARTMENT; WILLIAM SMITH; and ) CAMERON LEE ELLIS, ) ) Defendants. ) ________________________________________________________
MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION ________________________________________________________ The complaint is purportedly filed by five pro se prisoner Plaintiffs, incarcerated at Johnson State Prison (“JSP”) in Wrightsville, Georgia, asserting claims under
42 U.S.C. § 1983. (Doc. no. 1.) Only Plaintiff Bradley Wolchuk filed a motion to proceed IFP. (See doc. no. 2.) The Court hereby dismisses all Plaintiffs except Plaintiff Bradley Wolchuk from this action for three reasons. First, Plaintiff Wolchuck wrote the complaint allegations in the first person and alleges only wrongful acts and omissions by Defendants against him personally. The Complaint fails to state a claim by the remaining Plaintiffs against any Defendant. Second, it is doubtful the remaining Plaintiffs intended to be added as plaintiffs, and they may not even be aware of this lawsuit. None of them signed the complaint, and the Court is concerned Plaintiff Wolchuck signed the attached “Declarations of Fact” on behalf of the remaining Plaintiffs. (See doc. no. 1, pp. 8-22.) For these reasons, dismissal should not serve as a strike against the dismissed Plaintiffs. Finally, in the slight chance the dismissed Plaintiffs intended to be parties to this lawsuit, the PLRA does not permit multiple prisoners to bring complaints in a single lawsuit. Hubbard v. Haley,
262 F.3d 1194, 1196-98(11th Cir. 2001). 1197-98. Accordingly, the Court REPORTS and RECOMMENDS Plaintiffs Lemery, Nottingham, Savage, and Cynthia Wolchuk be dismissed from this case. The Court will rule on Plaintiff Bradley Wolchuk’s motion to proceed IFP in a simultaneously filed Order. SO REPORTED and RECOMMENDED this 19th day of October, 2020, at Augusta, Georgia.
fh. k bo BRIAN K ERPS UNITED STATES MAGISTRATE JUDGE SOUTHERN DISTRICT OF GEORGIA
Reference
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