Wilson et al v. Federal Bureau of Prisons et al

Filing 5

ORDER ON MOTION TO CLARIFY. The 4 Motion for Order Clarifying Allocation of Filing Fee is granted, by Magistrate Judge Gordon P. Gallagher on 1/19/2016.(agarc, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 15-cv-02741-GPG
MAURICE WILSON;
RASHOD JAMES; and
MARCUS BURRAGE,
Plaintiffs,
v.
FEDERAL BUREAU OF PRISONS;
THERESA COZZA-RHODES; and
ERIC EARWIN,
Defendants.

ORDER ON MOTION TO CLARIFY

Plaintiffs are prisoners at the Florence High United States Penitentiary. They
have submitted to the court a prisoner complaint complaining about their conditions of
confinement (ECF No. 1). Specifically, they take issue with an alleged policy
disallowing them to receive magazines and books in the Special Housing Unit. As part
of the court’s review pursuant to D.C.COLO.LCivR 8.1(b), Plaintiffs were directed to
cure their action by filing individual motions to proceed in forma pauperis (ECF No. 3).
Plaintiffs have filed a Motion for Order Clarifying Allocation of Filing Fee
clarification asking whether one fee is required or whether each individual must pay the
fee (ECF No. 4). Because plaintiffs are prisoners, the restrictions imposed by the
Prison Litigation Reform Act (PLRA) apply to actions they file seeking relief in federal
court. One such requirement is that each prisoner plaintiff seeking to proceed in forma
pauperis must file a separate motion, accompanied by a certified copy of his prison

trust fund account statement. With respect to the motions that are granted the plaintiffs
are collectively responsible for paying the entire $350 filing fee. Accordingly, it is
ORDERED that the Motion to Clarify is GRANTED as follows: each Plaintiff
must file an Application to Proceed In Forma Pauperis and Prison Authorization Form
and certified account statement by February 5, 2016. It is
FURTHER ORDERED that Plaintiffs shall obtain the court-approved forms for
filing a Prisoner’s Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. §
1915 (with the assistance of their case managers or the facility’s legal assistant), along
with the applicable instructions, at www.cod.uscourts.gov. It is
FURTHER ORDERED that, if any of the Plaintiffs have not complied with this
order by February 5, 2016, the Clerk of the Court will be directed to dismiss them as a
party to this action without prejudice to each filing his own separate action.
DATED January 19, 2016, at Denver, Colorado.
BY THE COURT:
S/ Gordon P. Gallagher

Gordon P. Gallagher
United States Magistrate Judge

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