United States District Court, M.D. Florida, Fort Myers Division
OPINION AND ORDER 
SHERIPOLSTER CHAPPELL, UNITED STATES DISTRICT JUDGE
matter comes before the Court on Plaintiff's Motion for
Temporary Restraining Order and Class Action (Doc. 14).
Plaintiff, a state prisoner incarcerated in the Department of
Corrections, alleges that “he is in threat of imminent
death or great bodily harm and will suffer substantial irrevocable
harm if his motion for extraordinary relief . . . is not
granted.” Doc. 14 at 1. The facts, as alleged by
Plaintiff in his Motion are accepted as true for purposes of
this Order. Plaintiff suffers from various mental health
disorders and has committed many acts of self-harm.
Id. at ¶¶2-3. On or about January 23 or
29, 2017, Gang members at Charlotte Correctional Institution
stabbed Plaintiff in the head. Id. at ¶5.
Plaintiff was transferred to Martin Correctional Institution
on February 14, 2017. While there, he was repeatedly
threatened and eventually assaulted by members of the same
gang in April 2017. Id. at ¶¶7-9. After a
suicide attempt, Plaintiff was recommended for transfer to a
crisis stabilization unit (CSU); and, on April 24, 2017, was
housed back in Charlotte Correctional. Id. at
¶¶ 12-13. Plaintiff notified correctional officials
at Charlotte of the previous stabbing but officials took no
action. Id. at ¶14. On April 26, 2017,
Plaintiff was assaulted and stabbed multiple times by a gang
member. Id. at ¶15. On May 8, 2017, Plaintiff
was transferred to Dade Correctional Institution.
Id. at ¶16. Plaintiff seeks, inter
alia, to be placed on “house alone status”
and transferred to a “constitutionally ‘safe
prison, '” and in particular, not be transferred
back to either Martin or Charlotte Correctional Institutions.
Id. at 3 ¶17, 12 ¶1. According to an
exhibit attached to the Motion, “The Institutional
Classification Team recommended and the State Classification
Officer approved [Plaintiff] for a resolve protection
transfer on 05/04/17[ ]” and Plaintiff was transferred
from Charlotte Correctional Institution to Dade Correctional
Institution. Doc. 14-1 at 10.
Local Rule 4.05(a), the purpose of a temporary restraining
order is to support the status quo until the opposing party
has been provided notice and an opportunity to respond to the
motion for a preliminary injunction. Based on the date that
Plaintiff's Motion was filed - August 14, 2017,
Plaintiff's request for a transfer to a facility other
than Charlotte Correctional or Martin Correctional appeared
moot. Based on a review of Plaintiff's Second Amended
Complaint (Doc. 18), the return address on the motion
last-filed by Plaintiff (Doc. 19), and the Department of
Corrections' Offender Network site, Plaintiff is again
housed back in Charlotte Correctional Institution.
&TypeSearch=AI. As a result, the Court will direct the
Secretary of the Florida Department of Corrections to respond
to Plaintiff's Motion.
Plaintiff's request for class certification, Plaintiff as
a pro se litigant, cannot represent his fellow
inmates in a class action, given that “[i]t is plain
error to permit [an] imprisoned litigant who is unassisted by
counsel to represent his fellow inmates in a class
action.” Wallace v. Smith, 145 F. App'x
300, 302 (11th Cir. 2005) (per curiam) (quoting Oxendine v.
Williams, 509 F.2d 1405, 1407 (4th Cir. 1975)).
it is now
Secretary of the Florida Department of Corrections shall file
a response to the Plaintiff's [construed] Motion for
Preliminary Injunction (Doc. 14) on or before
February 23, 2018.
Plaintiff's Motion for Temporary Restraining Order (Doc.
14), construed as a Motion for Preliminary Injunction, is
DEFERRED pending a response from the
Attorney General. The Court will rule on the papers without a
Plaintiffs Motion for Class Action (Doc. 14) is
Clerk shall immediately serve a copy of this
Order on the Secretary for the Florida Department of
Corrections, Attorney General, and the Warden at Charlotte
Correctional by facsimile or electronic means.
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