United States District Court, S.D. Georgia, Dublin Division
MAGISTRATE JUDGE'S REPORT AND
K. EPFS UNITED STATES MAGISTRATE JUDGE
an inmate incarcerated at Georgia State Prison
(“GSP”) in Reidsville, Georgia, filed the
above-captioned case pursuant to 42 U.S.C. § 1983
regarding events alleged to have occurred at Johnson State
Prison (“JSP”) in Wrightsville, Georgia, and is
proceeding pro se and in forma pauperis
(“IFP”). Before the Court are Plaintiff's
various motions for injunctive relief requesting the Court
place him in federal prison or, in the alternative, make GSP
officials house him in a PREA approved open dorm. (Doc. nos.
2, 4, 5, 10, 11, 14.) For the reasons set forth below, the
Court REPORTS and
RECOMMENDS Plaintiff's motions be
alleges officials at his current place of imprisonment, GSP,
refuse to take the proper steps to protect him from various
gang members who are out to assault, beat, rape, and kill
him. (See generally doc. nos. 2, 4, 5, 10, 11, 14.)
Plaintiff details his long history of being assaulted by gang
members and prison staff at JSP, Augusta State Medical
Prison, and Hayes State Prison in retaliation for uncovering
the gangs' “cell phone scheme.”
(Id.) Plaintiff further contends officials at GSP
refuse to take seriously his complaints his life is in danger
and insists on housing him in dangerous, two-man dorms
without cameras. (Id.) Plaintiff asks the Court to
place him in federal prison or, in the alternative, order GSP
officials to house him in a PREA approved open dorm.
moving for injunctive relief must show the following:
“(1) substantial likelihood of success on the merits;
(2) irreparable injury will be suffered unless the injunction
issues; (3) the threatened injury to the movant outweighs
whatever damage the proposed injunction may cause the
opposing party; and (4) if issued, the injunction would not
be adverse to the public interest.” McDonald's
Corp. v. Robertson, 147 F.3d 1301, 1306 (11th Cir. 1998)
(citing All Care Nursing Serv., Inc. v. Bethesda
Mem'l Hosp., Inc., 887 F.2d 1535, 1537 (11th Cir.
1989)). “A preliminary injunction is an extraordinary
and drastic remedy not to be granted unless the movant
clearly establishes the ‘burden of persuasion' as
to the four requisites.” All Care Nursing Serv.,
Inc., 887 F.2d at 1537 (citing United States v.
Jefferson Cnty., 720 F.2d 1511, 1519 (11th Cir. 1983)).
cannot show a likelihood of success on the merits. In his
complaint, Plaintiff alleges wrongdoing exclusively by
officials at JSP. (Doc. no. 1.) In contrast, however, all
allegations made in his motions for injunctive relief are
directed against prison officials at GSP in Reidsville,
Georgia, who are not parties to this civil action. There is
no possibility of Plaintiff succeeding on the merits of his
current allegations as to these Defendants, who have no
involvement in his housing or safety at GSP. This Court does
not have authority to direct GSP officials to take any action
since they are not parties. See Prewitt Enters., Inc. v.
OPEC, 353 F.3d 916, 925 (11th Cir. 2003) (“[A]n
individual or entity is not obliged to engage in litigation
unless [officially] notified of the action . . . under a
court's authority, by formal process.”) (internal
contends his Motion to Open Lawsuit (doc. no. 10) constitutes
a new lawsuit and automatically grants this Court
jurisdiction over his claims against GSP officials.
(See doc. no. 10, p. 5; doc. no. 11, p. 2; doc. no.
14, p. 2.) However, Plaintiff may not magically grant
jurisdiction; jurisdiction and venue are governed by federal
statute. See 28 U.S.C. §§ 1331, 1332,
1391. Therefore, should Plaintiff wish to pursue injunctive
relief against GSP officials, Plaintiff must file a
completely new lawsuit, which would require submission of a
new complaint and either a new motion to proceed in forma
pauperis or the $400.00 filing fee, in the Statesboro
Division of this District, which is located at Clerk, U.S.
District Court, P.O. Box 8286, Savannah, Georgia 31412.
Court REPORTS and
RECOMMENDS Plaintiff's motions for
injunctive relief be DENIED. (Doc. nos. 2,
4, 5, 10, 11, 14.) If Plaintiff wishes to pursue relief
against GSP officials for their acts and omissions, he must
do so by exhausting his administrative remedies and, if
unsuccessful in that process, filing a separate civil action
against GSP officials in the Statesboro Division of this
Court as detailed above. ...