1:25-cv-00268•COLEMAN v. PEIRSON et al
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Page 1 of 3 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA GAINESVILLE DIVISION OSCAR COLEMAN, III, Plaintiff, vs. Case No. 1:25cv268-TKW-MAF OFFICER PIERSON, et al., Defendants. _________________________/ REPORT AND RECOMMENDATION Plaintiff, proceeding pro se, has filed a brief, one-page motion requesting a “protective order transfer” to prevent staff at Cross City Correctional Institution from retaliating against him. ECF No. 23. Plaintiff generally asserts that a transfer is necessary to protect him from a subsequent “attempt to finish” him off. Id. Plaintiff did not, however, allege specific facts which show that the named Defendants have threatened him or retaliated against him. Thus, injunctive relief cannot be granted in this case because “a court may not enter an injunction against a person who has not been made a party to the case before it.” E.A. Renfroe & Co., Inc. v. Moran, 338 F. App’x 836, Case 1:25-cv-00268-TKW-MAF Document 24 Filed 12/04/25 Page 1 of 3
Page 2 of 3 838-39 (11th Cir. 2009) (internal quotation marks omitted). This Court lacks jurisdiction to direct unnamed and unidentified prison officials to take action on Plaintiff’s behalf. See, e.g., Jackson v. Baisden, No. 21-13004, 2022 WL 610314, at *1 (11th Cir. 2022) (holding the district court lacked subject-matter jurisdiction to grant an injunction against a non-party). In addition, Plaintiff’s motion should be denied because a decision concerning where Plaintiff should be housed within the Florida Department of Corrections is not a decision that can appropriately be made by this Court. The law is well established that prisoners have no constitutional right to remain in, or be transferred to, a particular institution with particular rules, regulations and privileges. Meachum v. Fano, 427 U.S. 215, 96 S. Ct. 2532, 49 L. Ed. 2d 451 (1976); Montayne v. Haymes, 427 U.S. 236, 96 S. Ct. 2543, 49 L. Ed. 2d 466 (1976). “[R]unning a prison is an inordinately difficult undertaking[.]” Pesci v. Budz, 935 F.3d 1159, 1165 (11th Cir. 2019). Matters pertaining to inmate safety and housing are issues best left to the expertise of correctional officials as “courts are ill equipped to deal with the increasingly urgent problems of prison administration and reform.” Procunier v. Martinez, 416 U.S. 396, 405, 94 S.Ct. 1800, 1807, 40 L.Ed.2d 224 (1974) (quoted in Pope v. Hightower, 101 F.3d 1382, 1384 (11th Cir. Case No. 1:25cv268-TKW-MAF Case 1:25-cv-00268-TKW-MAF Document 24 Filed 12/04/25 Page 2 of 3
Page 3 of 3 1996)). Because this Court has no authority to direct Plaintiff’s transfer, the instant motion should be denied. It is respectfully RECOMMENDED that Plaintiff’s motion for a protective order transfer, ECF No. 23, be DENIED and this case REMANDED for further proceedings. IN CHAMBERS at Tallahassee, Florida, on December 4, 2025. S/ Martin A. Fitzpatrick MARTIN A. FITZPATRICK UNITED STATES MAGISTRATE JUDGE NOTICE TO THE PARTIES Within fourteen (14) days after being served with a copy of this Report and Recommendation, a party may serve and file specific written objections to these proposed findings and recommendations. Fed. R. Civ. P. 72(b)(2). A copy of the objections shall be served upon all other parties. A party may respond to another party’s objections within fourteen (14) days after being served with a copy thereof. Fed. R. Civ. P. 72(b)(2). Any different deadline that may appear on the electronic docket is for the Court’s internal use only and does not control. If a party fails to object to the Magistrate Judge’s findings or recommendations as to any particular claim or issue contained in this Report and Recommendation, that party waives the right to challenge on appeal the District Court’s order based on the unobjected-to factual and legal conclusions. See 11th Cir. Rule 3-1; 28 U.S.C. § 636. Case No. 1:25cv268-TKW-MAF Case 1:25-cv-00268-TKW-MAF Document 24 Filed 12/04/25 Page 3 of 3
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