Johnson v. Wilcher

Filing 6

ORDERED that Plaintiff is instructed to file a statement WITHIN 30 days of service of this Order either voluntarily dismissing this case as well or clarifying that he wishes this case to proceed to screening. Signed by Magistrate Judge G. R. Smith on 11/15/17. (loh) Modified on 11/16/2017 (loh).

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA
SAVANNAH DIVISION
TAVORIS L. JOHNSON,
Plaintiff,
v.
JOHN WILCHER, Sheriff,
Defendant.

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CV417-192

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ORDER
This civil case was opened when plaintiff Tavoris Johnson objected
to the Magistrate Judge’s recommendation that his joint-prisoner case,
CV417-181, be dismissed because the Prison Litigation Reform Act does
not allow prisoners to proceed jointly in forma pauperis. He amended
that Complaint to seek relief solely on his own behalf (doc. 1), and
submitted his Prisoner Trust Fund Account and Consent to Collection of
Fees forms in support of his motion to proceed in forma pauperis on his
own (docs. 4 & 5). However, he (and one of his co-plaintiffs in the other
case) have since moved “to dismiss [CV417-181] voluntarily and
intelligently,” such that it will not count against them as a 28 U.S.C.
§ 1915A strike or require them to pay an individual $350 filing fee.
CV417-181, doc. 11.

As Johnson also has this identical case (seeking relief for the exact
same events solely on his own behalf) open and pending, the Court
ORDERS him to file a statement within 30 days of service of this
Order either voluntarily dismissing this case as well or clarifying that he
wishes this case to proceed to screening (including any applicable strike
under § 1915A and required payment of filing fees).
SO ORDERED, this 15th

day of November, 2017.

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