Maldonado v. Baker County Sheriff's Office

UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF FLORIDA

JACKSONVILLE DIVISION

HAMZA MALDONADO, DARRYL

SMITH, DEVON WEAVER, JESSICA

GRAY, JAMES HILL, and ROMEO

LANGHORNE,

Plaintiffs,

v. Case No. 3:20-cv-524-J-39PDB

BAKER COUNTY SHERIFF’S OFFICE,

et al.,

Defendants.

_______________________________

ORDER

Hamza Maldonado, a detainee at the Nassau County Detention

Center (NCDC), initiated this action in state court on behalf of

himself and five other inmates with whom he was detained at the

Baker County Detention Center (BCDC). Defendants removed the case

to this Court because the complaint alleges violations of the

First, Fourth, Eighth, and Fourteenth Amendments. See Notice of

Removal (Doc. 1).1

1 Maldonado recently initiated multiple cases in state court,

which defendants have removed. See Case Nos. 3:20-cv-00059-J-25PDB

(dismissed as duplicative and for failure to prosecute); 3:20-cv-

00083-J-25MCR (dismissed as duplicative); 3:20-cv-00364-J-32JBT

(pending); 3:20-cv-00418-J-39PDB (pending); 3:20-cv-00638-J-34JRK

(pending). In all pending cases, Defendants argue Plaintiff’s

complaint should be dismissed because he is an abusive litigant

who has been filing frivolous lawsuits in state court to avoid

application of the Prison Litigation Reform Act’s (PLRA) three-

strikes bar, 28 U.S.C. § 1915(g). See, e.g., Notice of Pendency of

Before the Court are various motions. First, Maldonado

requests that the Court appoint counsel to represent him because

he is indigent, has limited access to the law library, and will

benefit from the assistance of a trained lawyer (Docs. 6, 18). A

plaintiff in a civil case has no constitutional right to counsel,

though a court may, in its discretion, ask an attorney to represent

an indigent plaintiff. Bass v. Perrin, 170 F.3d 1312, 1320 (11th

Cir. 1999). In deciding whether to appoint counsel, a court should

consider the type and complexity of the case, whether the plaintiff

can adequately investigate and present his case, and whether the

case proceeds to trial. Ulmer v. Chancellor, 691 F.2d 209, 213

(5th Cir. 1982) (cited with approval in Smith v. Fla. Dep’t of

Corr., 713 F.3d 1059, 1065 n.11 (11th Cir. 2013)).

At this early stage in the proceedings, Maldonado is not

entitled to the appointment of counsel. Notably, Maldonado has

moved the Court to remand this case to state court (Docs. 17, 21).2

Moreover, Maldonado has demonstrated an ability to litigate on his

own behalf. If the Court retains jurisdiction of this case and if

Related Cases (Doc. 11) (this case). One Judge of this Court

recently dismissed one of Maldonado’s cases, finding the three-

strikes provision applies to him even though the case was removed

from state court where Maldonado was proceeding in forma pauperis.

See Order of Dismissal (Doc. 40), Case No. 3:20-cv-00193-J-25PDB

(noting Maldonado has avoided the PLRA’s restrictions “with

impunity”).

2 The Court will rule on these motions after Defendants

respond.

the case proceeds to a settlement conference or trial, Maldonado

may renew his request.

Second, Plaintiff Gray moves the Court to drop her as a party

to the action (Doc. 20). She represents Defendants do not oppose

the relief she seeks. Per her request, the Court will drop

Plaintiff Gray as a party to this action. See Fed. R. Civ. P. 21.

Finally, Maldonado requests that the Court arrest Ronald

Goodman, an officer at the BCDC where his co-plaintiff, Romeo

Langhorne, is housed (Docs. 22, 23). Maldonado asserts Mr.

Langhorne wrote him a letter on June 22, 2020, informing him

(Maldonado) that Goodman and other officers “beat[] people with

impunity.” Doc. 22 at 2. According to Maldonado, Mr. Langhorne

reported that Goodman had threatened and beaten him (Langhorne) in

the presence of another officer who intervened. Id. Maldonado says

officers are attempting to cover up their “illegal acts” by denying

Mr. Langhorne access to the law library and the phone. Id. at 3,

4. As relief, Maldonado asks that the Court notify the United

States Marshal, direct the Sheriff’s office to investigate, and

detain Goodman. Id.; Doc. 23 at 1. In the alternative, Maldonado

requests that Mr. Langhorne be transferred to the NCDC where

Maldonado is housed. Doc. 22 at 3.

Maldonado mailed the motions (Docs. 22, 23) from the NCDC on

June 23rd and 25th, respectively. Mr. Langhorne, who is housed at

the BCDC, did not sign the motions. As such, the motions are not

properly before the Court. As a pro se litigant, Maldonado may not

represent the interests of other inmates. Johnson v. Brown, 581 F.

App’x 777, 781 (11th Cir. 2014) (citing Timson v. Sampson, 518

F.3d 870, 873 (11th Cir. 2008) (noting the right to proceed pro se

is an individual right that “does not extend to the representation

of the interests of others”)). If Mr. Langhorne believes officers

have violated his civil rights, he should pursue administrative

remedies and, after exhausting those remedies, may initiate a new

civil rights action if he so chooses.

If any named plaintiff seeks relief related to this case, the

plaintiff must submit a hand-signed motion in compliance with the

Local Rules of this Court and the Federal Rules of Civil Procedure,

and the plaintiff must mail the motion from that person’s place of

confinement. The Court will not accept electronic signatures.

Maldonado is not permitted to seek relief on behalf of other

inmates, nor may he sign pleadings or motions for others. Future

motions that do not comply with Court rules or this Court’s

directives will be stricken. Additionally, the Court cautions

Maldonado that the Local Rules of this Court allow for the

imposition of sanctions against a party who improperly designates

a motion as an emergency. See M.D. Fla. R. 3.01(e).

Accordingly, it is now

ORDERED :

1. Plaintiff Maldonado’s motions for appointment of counsel

(Docs. 6, 18) are DENIED.

2. Plaintiff Gray’s motion to drop her as a party to this

action (Doc. 20) is GRANTED. The Court directs the Clerk to

terminate Plaintiff Gray as a party to this action.

3. Plaintiff Maldonado’s motions to arrest Officer Ronald

Goodman (Docs. 22, 23) are DENIED.

DONE AND ORDERED at Jacksonville, Florida, this 9th day of

July 2020.

4 ¢ De

wt J. DAVIS

United States District Judge

Jax-6

Cc:

Pro Se Plaintiffs

Counsel of Record