CASRELL et al v. SGT. REESE et al

Filing 2

MEMORANDUM and ORDER that Plaintiffs application for class certification is dismissed; Ordering that Plaintiffs applications to proceed in forma pauperis are denied; Dismissing the Complaint without prejudice to Plaintiffs filing of individual amend ed complaints which conform to the Federal Rules of Civil Procedure; Ordering the Clerk to terminate all Plaintiffs except for William Dayson Casrell; Administratively terminating this matter subject to reopening in the event that Plaintiff Casrell submits, within 30 days from the date of entry of this Order, his signed amended complaint asserting his own challenges, together with either the appropriate fees or with his duly executed in forma pauperis application; Ordering the Clerk shall open 11 new matters for the individual Plaintiffs. Signed by Judge Joel A. Pisano on 4/4/2014. (eaj)

NOT FOR PUBLICATION

CLOSED

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY

WILLIAM DAYSON CASRELL, et al.,
Plaintiff,
v.
SGT. REESE, et al.,
Defendants.

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Civil Action No. 14-2047 (JAP)

MEMORANDUM AND ORDER

IT APPEARING THAT:
1. Plaintiffs, twelve pre-trial detainees presently confined at Monmouth County
Correctional Facility, seek to bring this civil action in forma pauperis, without
prepayment of fees or security, asserting claims pursuant to 42 U.S.C. § 1983. The
Prison Litigation Reform Act of 1995 (the “Act”), which amends 28 U.S.C. § 1915,
establishes certain financial requirements for prisoners who are attempting to bring a civil
action in forma pauperis. Under the Act, a prisoner bringing a civil action in forma
pauperis must submit an affidavit, including a statement of all assets, which states that
the prisoner is unable to pay the fee. 28 U.S.C. § 1915(a)(1). The prisoner also must
submit a certified copy of his inmate trust fund account statement for the six-month
period immediately preceding the filing of his complaint. 28 U.S.C. § 1915(a)(2). The
prisoner must obtain this statement from the appropriate official of each prison at which
he was or is confined. Id.

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2. The Complaint was signed by Plaintiff William Dayson Casrell, with an attachment
containing the names of eleven additional Plaintiffs: Lashain Fitch, Edward O’Neal,
Bernard Valentin, Unigue Randolph, Bryan Burford, Jahmir Bowie, Najee Standard,
Leroy Taylor, Jarrone Perry, Lachatavon Nance, and Dashaun Clayton.
3. Plaintiff Casrell submitted an application to proceed in forma pauperis on his own behalf,
however that application is deficient because Plaintiff’s account statement did not
provide account information for the appropriate time frame and was not certified.
4. The remaining eleven Plaintiffs did not provide any account information or applications
to proceed in forma pauperis.
5. To the extent that Plaintiffs are attempting to establish class certification, that application
will be dismissed because this complaint cannot proceed as a class action in the present
posture. Since no Plaintiffs have paid the filing fee or submitted a properly completed
application to proceed in forma pauperis, this Court has no certainty that all named
Plaintiffs intend to incur the financial responsibility and legal consequences associated
with initiation of this action. Moreover, given the lack of factual allegations in the
complaint, the Court cannot establish whether the facts will be applicable to all Plaintiffs.
6. The Court, however, cannot rule out the possibility that any/all Plaintiffs named in the
Complaint might wish to prosecute their own claims and would be able to file amended
complaints detailing the specific facts which each Plaintiff believes to be indicative of his
rights being violated.
THEREFORE, it is on this 4th day of April, 2014,
ORDERED that, to the extent that Plaintiffs are attempting to establish class certification,
Plaintiffs’ application for class certification is dismissed; and it is further

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ORDERED that Plaintiffs’ applications to proceed in forma pauperis are denied; and it is
further
ORDERED that the Complaint [ECF 1] is DISMISSED. Such dismissal is without
prejudice to Plaintiffs’ filing of individual amended complaints which conform to the Federal
Rules of Civil Procedure; and it is further
ORDERED that the Clerk shall terminate all Plaintiffs in this matter, except for William
Dayson Casrell; and it is further
ORDERED that the Clerk shall administratively terminate this matter, subject to
reopening in the event that Plaintiff Casrell submits, within 30 days from the date of entry of this
Order, his signed amended complaint asserting his own challenges, together with either the
appropriate fees or with his duly executed in forma pauperis application; and it is further
ORDERED that the Clerk shall open eleven new matters for the additional Plaintiffs:
Lashain Fitch, Edward O’Neal, Bernard Valentin, Unigue Randolph, Bryan Burford, Jahmir
Bowie, Najee Standard, Leroy Taylor, Jarrone Perry, Lachatavon Nance, and Dashaun Clayton.
Each new matter shall designate each of these individuals as “Plaintiff” in his respective new
matter; and it is further
ORDERED that the Clerk shall docket the instant Complaint [ECF 1] and a copy of this
order in each such new matter; and it is further
ORDERED that the Clerk shall designate, in each such new matter, “Cause:42:1983
Prisoner Civil Rights” and “Jurisdiction: Federal Question”; and it is further
ORDERED that the Clerk shall administratively terminate each of these newly opened
matters, subject to reopening in the event that each Plaintiff designated in the matter submits,
within 30 days from the date of entry of this Order, his signed amended complaint stating the

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Plaintiff’s individual claims and designating appropriate defendants with regard to those claims.
Each such submission should be made together with either the appropriate fees or with his duly
executed in forma pauperis application; and it is further
ORDERED that the Clerk shall serve copies of this Order upon all Plaintiffs by regular
U.S. Mail. Each such mailing shall include a blank civil complaint form and blank in forma
pauperis application form for litigants seeking to file a civil complaint for use by a prisoner; and
it is further
ORDERED that each of the Clerk’s mailings to Plaintiffs (excluding Casrell) shall also
include a copy of the docket sheet of the new matter opened for that particular Plaintiff; and it is
further
ORDERED that no statement made in this Order shall be construed as expressing this
Court’s opinion about either procedural or substantive validity of the claims that might be
alleged by any Plaintiff referred to in this Order; and it is finally
ORDERED that the Clerk shall close the file in this matter.

/s/ Joel A. Pisano
JOEL A. PISANO
United States District Judge

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