Bracero v. Johnson & Johnson & Janssen Research & Development L.L.C.

Filing 7

Judge Richard G. Stearns: ORDER entered. The court orders Bracero to file a prison account statement covering the period from May 9, 2017 through July 31, 2017, even if this means requesting the statement from an institution in which he is no longer confined. The statement must be filed no later than Thursday, December 7, 2017. Failure to comply with this order will result in denial of the motion for leave to proceed in forma pauperis. [Order mailed to plaintiff at OCCC on 11/16/2017.](PSSA, 3)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MASSACHUSETTS
CIVIL ACTION NO. 17-12156-RGS
JOSEPH BRACERO
v.
JOHNSON & JOHNSON and
JANSSEN RESEARCH & DEVELOPTMENT LLC
ORDER
November 16, 2017
STEARNS, D.J.
For the reasons stated below, the court orders the plaintiff to
supplement his prison account statement.
Joseph Bracero, who is incarcerated at the Old Colony Correctional
Center, brings this action in which he alleges that the defendants failed to
warn him of potential side effects of taking the medication Risperdal. He
claims that, as a result of taking Risperdal, he developed gynecomastia.
Bracero seeks $50,000 in damages and surgery to correct his condition.
Bracero filed a motion for leave to proceed in forma pauperis with a
prison account statement covering activity between August 1, 2017 through
November 9, 2017.
A prisoner seeking leave to proceed without prepayment of the filing
fee must file “a certified copy of the trust fund account statement . . . for the

prisoner for the 6-month period immediately preceding the filing of the
complaint . . . obtained from the appropriate official of each prison at
which the prisoner is or was confined.” 28 U.S.C. § 1915(a)(2) (emphases
added). The court then assesses, an initial partial filing fee of 20% of the
average monthly deposits or the average monthly balance in the prisoner's
trust account for the six-month period. See 28 U.S.C. § 1915(b)(1). The
prisoner pays the rest of the $350.00 filing fee over a period of time. See
28 U.S.C. § 1915(b)(2).
Here, Bracero provided a prison account statement that covers
approximately three months. Without a prison account statement covering
a six-month period, the court cannot calculate the initial partial filing fee.
Accordingly, the court orders Bracero to file a prison account
statement covering the period from May 9, 2017 through July 31, 2017,
even if this means requesting the statement from an institution in which he
is no longer confined. The statement must be filed no later than Thursday,
December 7, 2017. Failure to comply with this order will result in denial of
the motion for leave to proceed in forma pauperis.

SO ORDERED.
/s/ Richard G. Stearns
__________________________
UNITED STATES DISTRICT JUDGE
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