Waseem Daker v. Timothy C. Ward, Commissioner, Georgia Department of Corrections, et al.
SocialSecurity
Whether the Prison Litigation Reform Act requires each prisoner filing a lawsuit to pay a separate filing fee
QUESTIONS PRESENTED Another prisoner filed a civil action pursuant to 42 U.S.C. § 1983, challenging his placement on the Georgia Department of Corrections (“GDC”) Tier II segregation program. Petitioner, also a GDC prisoner on Tier IJ segregation, moved to intervene in the ac tion. The district court denied intervention, citing Eleventh Circuit precedent holding that the Prison Litigation Reform Act of 1995 (“PLRA”) filing fee provision, 28 U.S.C. § 1915(b), requires each prisoner to file his own action. The Eleventh Circuit dismissed Petitioner’s appeal, holding the same. The questions presented are as follows: I. Whether the Prison Litigation Reform Act requires each prisoner filing a lawsuit to pay a separate filing fee. II. Whether the Prison Litigation Reform Act repealed Fed.R.Civ.P. 20(a) regarding joinder or otherwise requires each prisoner filing a lawsuit to file a separate lawsuit. There is a three-way split among the federal Courts of Appeals on these two questions. The Sixth Circuit has answered both questions “no.” The Eleventh Circuit has answered both questions “yes.” The . Third and Seventh Circuits have taken a middle approach, answering the first question “yes,” but the second question “no.” Not only does Eleventh Circuit precedent not ; only answer the second question “yes,” but the Eleventh Circuit opinion below extended that precedent so 1 s soy a as to repeal not only Fed.R.Civ.P. 20(a) regarding joinder, but also Fed.R.Civ.P. 24 regarding intervention. Thus, this case also presents a third question: III. Whether the Prison Litigation Reform Act repealed Fed.R.Civ.P. 24 regarding intervention or otherwise requires each prisoner to file a separate lawsuit. The Eleventh Circuit stands alone in answering both the second and third questions “yes.” \ ii : > y