Opinion
Civil Action 2:21-cv-1094
08-20-2021
Carl S. Jones, Jr., Anthony Lee, Charles Lantzy, Christian Stevens, Courde Daye, Daelon Hill-Johnson, Daniel Miles, Daymond Wiggins, Devin Hale, Devon Thompson, Elijah Price, Geron Anderson, Jaimone Robinson, Jaque David, Jeremy Carson, Jermaine Dehonney, Juan Hayden, Justin Parrotte, Mario Wall, Martell Smith, Nathaniel Weatherspoon, Racoco Williams, Raymond Harrison, Roman Jones, Stephen Day, Thomas Morton, To-Michael Sherrell, William Lynn, Zai-Quan Henderson, Jermaine Rodgers, Plaintiffs, v. County of Allegheny and Warden Orlando L. Harper, Defendants.
ORDER
Lisa Pupo Lenihan United States Magistrate Judge
The Plaintiffs in this matter have submitted for filing a complaint. However, only Plaintiff Carl S. Jones, Jr. has submitted the required forms to proceed in forma pauperis in a civil rights case. In Hagan v. Rogers, 570 F.3d 146 (3d Cir. 2009), the Court of Appeals for the Third Circuit held that prisoners are not categorically barred from joining as plaintiffs under Federal Rule of Civil Procedure 20, and further addressed certain consequences applicable to civil cases in which multiple prisoner plaintiffs seek to join in one action pursuant to Rule 20. For example, it held that where the entire filing fee has not been prepaid, the full filing fee must be assessed against each in forma pauperis co-plaintiff to join under Rule 20, as though each plaintiff were proceeding individually. Id. at 150. The Plaintiffs in this case have not prepaid the full filing fee. Therefore, this action may not proceed with the remaining twenty-nine (29) Plaintiffs unless they either
The Plaintiffs are all currently or formerly incarcerated at the Allegheny County Jail.
(1) tender to the “Clerk, U.S. District Court” a statutory filing fee in the amount of $402.00, or,
(2) each file a properly completed application to proceed in forma pauperis, along with an authorization form and a certified copy of their prison account statements for the six (6) months preceding the filing of the complaint.
Therefore, IT IS HEREBY ORDERED this 20th day of August, 2021, that, if they desire to proceed with this action, each of the remaining twenty-nine (29) Plaintiffs must submit a motion to proceed in forma pauperis, along with certified copies of their inmate account statements for the six (6) months preceding the filing of the complaint. Or, they may proceed with this case by paying the full $402.00 filing fee.
IT IS FURTHER ORDERED that if the remaining twenty-nine (29) Plaintiffs do not submit motions to proceed in forma pauperis or pay the $402.00 filing fee within thirty (30) days from the date of this Order then they will be dismissed from this action and this case will proceed with only those Plaintiffs who have complied with this Order.
AND IT IS FURTHER ORDERED that the Plaintiffs are allowed fourteen (14) days from this date to appeal this order to a District Judge pursuant to Rule 72.C.2 of the Local Rules. Failure to appeal within fourteen (14) days may constitute waiver of the right to appeal.