RIDDLE et al v. BATHOLOMEW COUNTY et al

Filing 7

ORDER - 3 Motion for Leave to Proceed in forma pauperis is granted. Mr. Riddle is assessed an initial partial filing fee of Forty Three Dollars and Fourteen Cents ($43.14). He shall have through December 1, 2017, in which to pay this sum t o the clerk of the district court or to inform the Court of his desire to voluntarily withdraw his complaint and avoid assessment of the filing fee. Mr. Mercado shall have through December 1, 2017, in which to pay the $400.00 filing fee to the clerk of the district court or to inform the Court of his desire to voluntarily withdraw his complaint and avoid assessment of the filing fee. Signed by Judge Tanya Walton Pratt on 10/30/2017. (Copy mailed to Plaintiffs) (MEJ)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION
CHRISTOPHER RIDDLE #1,
ANGELITO C. MERCADO #2,
Plaintiffs,
v.
BARTHOLOMEW COUNTY,
MATT MYERS Sheriff,
MARTOCIA Major,
WEAVER Sgt.,
STILLABOWER Lt.,
REED Sgt.,
HOLDREITH Officer,
OFFICER BUTLER Officer,
FIPPEN Officer,
TOOLEY Officer,
GREENLY Officer,
MOORE Officer,
CLAYBURN Officer,
SEARLES Officer,
FOSTER Officer,
BOOTH Officer,
CROUCH Sgt.,
Defendants.

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No. 1:17-cv-03710TWP-MJD

Entry Discussing Motion for Leave to Proceed in forma pauperis
Plaintiffs Christopher Riddle (“Mr. Riddle”) and Angelito Mercado (“Mr. Mercado”), who
are confined in the Bartholomew County Jail, filed a pro se civil rights Complaint alleging
violations of due process and equal protection.
Mr. Riddle has filed an Application to Proceed In Forma Pauperis. Based on the trust
account information provided by Mr. Riddle, were he proceeding as a single plaintiff, his motion
would be granted and he would be assessed an initial partial filing fee.

Mr. Mercado has not filed an Application to Proceed In Forma Pauperis and has not paid
the filing fee. He has previously “struck-out” under 28 U.S.C. § 1915 (g) and therefore is barred
from requesting leave to proceed in forma pauperis. Mr. Mercado would therefore be liable for
the entire Four Hundred Dollar ($400.00) filing fee, were he proceeding as a single plaintiff.
Because the plaintiffs have filed this action together, the Court must decide how to assess the filing
fee among the two plaintiffs despite the disparity in their in forma pauperis status.
The Seventh Circuit Court of Appeals has held that pro se plaintiffs may join in one action,
in compliance with Fed. R. Civ. P. 20, but they must each either be assessed the full filing fee or
have their in forma pauperis status assessed individually. Boriboune v. Berge, 391 F.3d 852, 856
(7th Cir. 2004). This approach prevents “prisoners who have ‘struck out’ under § 1915(g) and
thus must prepay all filing fees unless ‘under imminent danger of serious physical injury’ [from]
tag[ing] along on a joint complaint.” Id. at 854 (internal citations omitted).
Given this requirement, and the risk under § 1915(g) that each plaintiff may be assessed
“strikes” for frivolous claims brought by their co-plaintiff, the Seventh Circuit Court of Appeals
has suggested that district courts give plaintiffs an opportunity to drop-out of litigation before fees,
and potential “strikes”, are assessed. Id. at 856.
Mr. Riddle and Mr. Mercado are now on notice that, when filing complaints with other
plaintiffs, each plaintiff will be assessed either the full filling fee or will have his in forma pauperis
status assessed individually, and will be potentially liable for “strikes” based on the frivolous
claims of his co-plaintiffs. In future litigation, “strikes” and fees may be assessed by the Court
without warning or opportunity to opt-out.
Based on the discussion above, Mr. Riddle’s motion to proceed in forma pauperis, dkt [3],
is granted. Mr. Riddle is assessed an initial partial filing fee of Forty Three Dollars and Fourteen

Cents ($43.14). He shall have through December 1, 2017, in which to pay this sum to the clerk
of the district court or to inform the Court of his desire to voluntarily withdraw his complaint and
avoid assessment of the filing fee.
Mr. Mercado shall have through December 1, 2017, in which to pay the $400.00 filing
fee to the clerk of the district court or to inform the Court of his desire to voluntarily withdraw his
complaint and avoid assessment of the filing fee.
IT IS SO ORDERED.

Date: 10/30/2017

Distribution:
CHRISTOPHER RIDDLE
Bartholomew County Jail
543 2nd Street
Columbus, IN 47201
ANGELITO C. MERCADO
Bartholomew County Jail
543 2nd Street
Columbus, IN 47201
Financial Deputy Clerk