The opinion
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
COLUMBUS DIVISION
JESSIE L. BROWN, :
:
Plaintiff, :
:
v. : Case No. 4:24-cv-144-CDL-AGH
:
Warden LARRY MITCHELL, et al., :
:
Defendants. :
_________________________________
ORDER & RECOMMENDATION
Plaintiff Jessie L. Brown filed multiple motions seeking various relief from the
Court: (1) a motion for a medical evaluation and (2) a motion seeking ruling on the
motion for medical evaluation (ECF Nos. 5, 7); (3) a motion to waive the initial partial
filing fee (ECF No. 6); (4) a motion seeking further medical treatment (ECF No. 7);
(5) a motion asking for a special diet (ECF No. 9); and (6) a motion for a show cause
order (ECF No. 10). As explained below, Plaintiff’s motion to waive the initial partial
filing fee is denied. It is recommended that his remaining motions, which the Court
construes as motions seeking injunctive relief, also be denied.
I. Motion to Waive the Initial Partial Filing Fee
Plaintiff moved for leave to proceed without prepayment of the filing fee or
security therefor pursuant to 28 U.S.C. § 1915(a) (ECF No. 2). The Court granted
him leave to proceed in forma pauperis (“IFP”) and ordered him to pay an initial
partial filing fee of $21.80 (ECF No. 4). Plaintiff then filed a motion to waive the
initial partial filing fee in which he claims that he is unable to pay the fee because
his prison account balance is zero and he has no other means of paying the fee. Pl.’s
Mot. to Waive Initial Filing Fee, ECF No. 6. Plaintiff’s initial motion to proceed in
forma pauperis showed an account balance of three cents. Pl.’s Mot. to Proceed IFP
1, ECF No. 2-1. But it also stated that his average monthly balance for the time that
he was incarcerated was $101.89, and his average monthly deposits were $109.00.
Id. Plaintiff did not attach an account transaction statement to show how he spent
his money. See id.
Plaintiff has not filed an updated motion to proceed IFP with a new account
statement to support his argument that he is unable to pay the filing fee.
Consequently, Plaintiff’s motion to waive the initial filing fee (ECF No. 6) is
DENIED, and Plaintiff is again ORDERED to pay the $21.80 filing fee. If Plaintiff
is unable to pay the fee, he may file a new motion for leave to proceed in forma
pauperis, supported by an updated account statement, which includes a printout of
Plaintiff’s account transactions.1
II. Motions Requesting Injunctive Relief
Plaintiff filed five additional motions. The first is a motion for a medical
evaluation, in which Plaintiff asserts that he has been diagnosed with heart failure,
high blood pressure, diabetes, and HIV. Pl.’s Mot. for Med. Evaluation 1, ECF No. 5.
Plaintiff states that, due to the lack of a proper diet, he experiences “unexplained
1 If Plaintiff is unable to obtain any of this documentation, he must inform the Court in writing as to
the name of any person he spoke to when attempting to receive his certified account statement and
transaction statement, the date on which he spoke to them, and the response that he received. If
Plaintiff receives a written response that he will not be provided with the documentation, he must
submit a copy of such response to this Court.
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medical problems” that are not addressed by the jail administration. Id. Plaintiff
asserts that his heart rate has been “up and down.” Id. Medical staff also saw
Plaintiff for blood in his stool, stomach pains, and pains in his testes, but “nothing
more has been done.” Id. at 2. Plaintiff asks for an order requiring that he be
evaluated by a heart specialist and a doctor who can order that Plaintiff be put on a
medical diet and adjust Plaintiff’s medications. Id. Plaintiff’s second motion asks
the Court to enter judgment on the first motion (ECF No. 7).
Plaintiff’s third motion also seeks an order regarding medical treatment (ECF
No. 8). In this motion, Plaintiff asserts that he is continuing to experience blood in
his stool. Id. at 1. He asks for an order requiring the jail administration to send
him to an outside doctor for medical evaluation and treatment. Id. at 2.
Plaintiff’s fourth motion is a motion regarding a special diet (ECF No. 9). In
this motion, Plaintiff asserts that, five days per week, he receives a sandwich with
cold cut meat and cheese and a side of potato chips for his evening meal, and twice
per week, he receives a peanut butter sandwich with a side of potato chips for that
meal. Id. at 1. Plaintiff contends that he should not be given cold cut meats daily
because he has heart failure and diabetes. Id. at 1-2. Plaintiff asserts that he is
also given things that he cannot eat for breakfast and lunch. Id. at 2. Plaintiff
seeks an order requiring the administrators to provide him with a “correct and
healthy” diet. Id. at 1.
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Plaintiff’s fifth motion is a motion for a show cause order (ECF No. 10). In
this motion, Plaintiff reiterates his allegations regarding his health problems,
asserting that medical saw him and gave him many tests, but that “nothing else is
done.” Id. at 1-2. Plaintiff again seeks an order requiring jail staff to send him to
an outside doctor for medical treatment. Id. at 3.
Each motion filed by Plaintiff seeks injunctive relief. 2 A preliminary
injunction is a drastic remedy used primarily to preserve the status quo rather than
to grant most or all of the substantive relief sought in the complaint. See, e.g., Cate
v. Oldham, 707 F.2d 1176, 1185 (11th Cir. 1983); Fernandez-Roque v. Smith, 671 F.2d
426, 429 (11th Cir. 1982). To be entitled to injunctive relief, a party
must establish four elements: “(1) a substantial likelihood of success on
the merits; (2) that irreparable injury will be suffered if the relief is not
granted; (3) that the threatened injury outweighs the harm the relief
would inflict on the non-movant; and (4) that the entry of the relief
would serve the public interest.”
Smith v. Comm’r, Ala. Dep’t of Corr., 844 F. App’x 286, 289 (11th Cir. 2021) (quoting
Schiavo ex rel. Schindler v. Schiavo, 403 F.3d 1223, 1225-26 (11th Cir. 2005)).
Crucially, “injunctive relief may not be granted unless the plaintiff establishes the
substantial likelihood of success criterion.” Id. (quotation and citation omitted).
2 As set forth above, Plaintiff has submitted five motions seeking the same or similar relief within a
span of only one and a half months. Plaintiff should be aware that such continual and repetitive
motions may be considered an abuse of the judicial process, which could result in sanctions. While
Plaintiff is permitted to file motions in this case, he should not file multiple motions seeking the same
relief without giving the Court the opportunity to rule on the pending motions.
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At this stage, Plaintiff fails to sufficiently establish a substantial likelihood of
success on the merits, as he has yet to identify any objective evidence to support his
deliberate indifference to his serious medical needs. Moreover, Plaintiff concedes
that medical repeatedly saw him and performed testing. Plaintiff is essentially
asking the Court to grant him substantive relief based on his allegations of deliberate
indifference alone. But the Court cannot determine, based solely on Plaintiff’s
unsupported allegations, that he has a substantial likelihood of success on the merits.
For the same reasons, Plaintiff fails to show that his threatened injury
outweighs any harm to defendants or that an injunction serves the public interest.
Plaintiff asks the Court to grant him relief before the Court conducts a preliminary
review of his case or views and considers any evidence regarding his claims.
Plaintiff’s motion falls short of meeting the prerequisites for issuance of a preliminary
injunction, and it is RECOMMENDED that Plaintiff’s motions (ECF Nos. 5, 7, 8, 9,
10) be DENIED.
III. Conclusion
As discussed above, Plaintiff’s motion to waive the initial filing fee (ECF No.
6) is DENIED, and Plaintiff is ORDERED to pay the initial partial filing fee of
$21.80 within FOURTEEN (14) DAYS of the date of this Order. If Plaintiff is
unable to pay the initial partial filing fee, he must file a new motion to proceed IFP
within that same time period. Additionally, it is RECOMMENDED that Plaintiff’s
remaining pending motions (ECF Nos. 5, 7, 8, 9, 10) be DENIED.
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OBJECTIONS
Pursuant to 28 U.S.C. § 636(b)(1), Plaintiff may serve and file written
objections to this Order and Recommendation with the district judge to whom this
case is assigned WITHIN FOURTEEN (14) DAYS after being served with a copy of
this Order and Recommendation. Plaintiff may seek an extension of time in which
to file written objections, provided a request for an extension is filed prior to the
deadline for filing written objections. Any objection is limited in length to TWENTY
(20) PAGES. See M.D. Ga. L.R. 7.4. Failure to object in accordance with the
provisions of § 636(b)(1) waives the right to challenge on appeal the district judge’s
order based on factual and legal conclusions to which no objection was timely made.
See 11th Cir. R. 3-1.
SO ORDERED and RECOMMENDED, this 31st day of December, 2024.
s/ Amelia G. Helmick
UNITED STATES MAGISTRATE JUDGE
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