Case: 17-15228 Date Filed: 03/25/2020 Page: 1 of 5
[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
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No. 17-15228
Non-Argument Calendar
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D.C. Docket No. 5:16-cv-00044-LGW-RSB
KASIM GANDY,
Plaintiff,
WASEEM DAKER,
Interested Party - Appellant,
versus
HOMER BRYSON, et al,
Defendants,
WARDEN, WARE STATE PRISON,
NATHAN BROOKS,
Tier II Program Unit Manager Ware State Prison,
in his official capacity,
WILLIAM STEEDLY,
Lt of Administrative Segregation Ware State Prison,
in his official capacity,
KIMBERLY LOWE,
Correctional Counselor Ware State Prison,
in her official capacity,
Case: 17-15228 Date Filed: 03/25/2020 Page: 2 of 5
COX,
Tier II Program Unit Manager Ware State Prison,
in his/her official capacity,
Defendants - Appellees.
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Appeal from the United States District Court
for the Southern District of Georgia
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(March 25, 2020)
Before JORDAN, LAGOA, and HULL, Circuit Judges.
PER CURIAM:
Waseem Daker, a state prisoner proceeding pro se and in forma pauperis,
appeals from the district court’s denial of his motion for reconsideration of the
magistrate judge’s order denying his motion to intervene in another inmate’s civil
rights action. He argues that he meets all the requirements for intervention as of
right under Rule 24, and that the Prison Litigation Reform Act does not prohibit him
from intervening into another inmate’s case without paying the full filing fee.
We review questions of jurisdiction de novo. See Williams v. Chatman,
510
F.3d 1290, 1293 (11th Cir. 2007). We review the denial of a Rule 59(e) motion for
abuse of discretion. See Lambert v. Fulton Cly., Ga.,
253 F.3d 588, 598 (11th Cir.
2001). Unsuccessful motions to intervene as of right under Rule 24(a) are reviewed
de novo. See Walters v. City of Atlanta,
803 F.2d 1135, 1150 n.16 (11th Cir. 1986).
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Further, “[t]he district court’s interpretation of the PLRA is a statutory finding and
constitutes a question of law, which is reviewed de novo.” Hubbard v. Haley,
262
F.3d 1194, 1196 (11th Cir. 2001).
The denial of a motion to intervene is generally not considered a final
appealable order over which we have jurisdiction. See Fed. Say. & Loan Ins. Corp.
v. Falls Chase Special Taxing Dist.,
983 F.2d 211, 214 (11th Cir. 1993). However,
jurisdiction to review such an order is created under our “‘anomalous rule’ which
grants provisional jurisdiction to determine whether the district court erroneously
concluded that the appellant was not entitled to intervene under Rule 24.”
Id.
(quotation marks omitted). Thus, if we determine that the district court correctly
ruled on the petition to intervene, then we do not have jurisdiction to address the
district court’s ruling. See
id.
A party seeking to intervene as of right under Rule 24 must show that: (1) his
motion to intervene is timely; (2) “he has an interest relating to the property or
transaction which is the subject of the action”; (3) the disposition of the action may
impede or impair his ability to protect that interest; and (4) his interest is not
represented adequately by the existing parties to the suit. Chiles v. Thornburgh,
865
F.2d 1197, 1213 (11th Cir. 1989); see also Fed. R. Civ. P. 24(a)(2). “If he establishes
each of the four requirements, the district court must allow him to intervene.”
Chiles,
865 F.2d at 1213.
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The PLRA provides that “if a prisoner brings a civil action or files an appeal
in forma pauperis, the prisoner shall be required to pay the full amount of a filing
fee.” 28 U.S.C. § 1915(b)(1).
In Hubbard, the plaintiff and 17 other state prisoners filed a pro se civil rights
action against several prison officials.
See 262 F.3d at 1195. The district court
dismissed the case, finding that each plaintiff had to file a separate complaint and
pay a separate filing fee. See
id. We held that, in the context of joinder under Rule
20, the PLRA clearly and unambiguously requires that “if a prisoner brings a civil
action or files an appeal in forma pauperis, the prisoner shall be required to pay the
full amount of a filing fee.”
Id. at 1197 (quotation marks omitted). Additionally,
we determined that the Congressional purpose in promulgating the PLRA—to deter
frivolous civil actions brought by prisoners by requiring each individual to pay the
full filing fee—supported an interpretation that each prisoner in this case pay the full
filing fee. See
id. at 1197-98. We further held that the PLRA repealed the Rules
Enabling Act, as expressed in Rule 20, to the extent that it conflicted with the PLRA.
See
id. at 1198 (citing Mitchell v. Farcass,
112 F.3d 1483, 1489 (11th Cir. 1997) (“A
statute passed after the effective date of a federal rule repeals the rule to the extent
that it actually conflicts.”). Accordingly, we held that, “[b]ecause the plain language
of the PLRA requires that each prisoner proceeding IFP pay the full filing fee,” the
district court had properly dismissed the multi-plaintiff action.
Id.
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Although Hubbard involves joinder rather than intervention, its reasoning
applies here. We agree with the district courts in our circuit which have so held.
See, e.g., Daker v. Wetherington,
469 F. Supp. 2d 1231, 1234–36 (N.D. Ga. 2007);
Smith v. Fla. Dept. of Corrections,
2015 WL 500166, *2 (S.D. Fla. Feb. 4, 2015).
We therefore conclude that the district court correctly denied (1) Mr. Daker’s motion
to intervene, and (2) Mr. Daker’s motion for reconsideration. As a result, we do not
have jurisdiction over the appeal. See Falls
Chase, 983 F.2d at 214.
APPEAL DISMISSED.
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