BURNO v. WOJUOLA et al

Filing 36

ORDER that within fourteen (14) days of the date of this Order, the five new additional Plaintiffs must either: (1) tender to the "Clerk, U.S. District Court" a statutory filing fee in the amount of $400.00, or, (2) file a properly com pleted application to proceed in forma pauperis, along with an authorization form and a certified copy of the account statement for the last six (6) months. The authorization form is enclosed with this Order. Failure to do so will result in their failure to be joined as plaintiffs in this action. Signed by Magistrate Judge Lisa Pupo Lenihan on September 13, 2017. (kcc)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
KENNETH BURNO, STANLEY
CHARLTON, THOMAS WRIGHT,
KEITH WEBBER, WILLIAM
CLARK, and RAHIEM MURPHY,
Plaintiffs,
v.
MOBOLAJI WOJUOLA, Chaplaincy
Dir., SCI Houtzdale, et al.
Defendants.

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Civil Action No. 16-260J

District Judge Kim R. Gibson
Magistrate Judge Lisa Pupo Lenihan

ORDER
On September 1, 2017, Plaintiff Kenneth Burno submitted an Amended Complaint
wherein he names five additional Plaintiffs – Stanley Charlton, Thomas Wright, Keith Webber,
William Clark and Rahiem Murphy. In Hagan v. Rogers, 570 F.3d 146 (3d Cir. 2009), the Court
of Appeals for the Third Circuit held that in forma pauperis prisoners are not categorically
barred from joining as plaintiffs under Federal Rule of Civil Procedure 20, and further addressed
certain consequences applicable to civil cases in which multiple prisoner plaintiffs seek to join in
one action pursuant to Rule 20. For example, it held that where the entire $350.00 filing fee has
not been prepaid, the full $350.00 filing fee must be assessed against each in forma pauperis coplaintiff to join under Rule 20, as though each plaintiff were proceeding individually. Id. at 150.
Here, the filing fee was not prepaid. Plaintiff Burno submitted an application to proceed
in forma pauperis when he initiated this action on December 8, 2016, and his request was
granted subject to a $83.38 initial partial filing fee as provided by 28 U.S.C. § 1915(b)(1)(A).
Plaintiff paid $113.38 as an initial partial filing fee on January 5, 2017.
1

In order for this action to proceed with the five new Plaintiffs, they must also either
prepay the entire filing fee, which as of May 1, 2013 is now $400.00, 1 or they may submit
applications to proceed in forma pauperis. If Plaintiffs do not prepay the entire $400.00 filing
fee then they must submit a properly completed application to proceed in forma pauperis along
with a certified copy of their account statements for the last six (6) months and the authorization
form that is enclosed with this Order. If their motions are granted, then they will be joined as
plaintiffs in this action. Accordingly, this 13th day of September, 2017,
IT IS HEREBY ORDERED that within fourteen (14) days of the date of this Order, the
five new additional Plaintiffs must either
1)

tender to the "Clerk, U.S. District Court" a statutory filing fee in the
amount of $400.00, or,

2)

file a properly completed application to proceed in forma pauperis, along
with an authorization form and a certified copy of their account statement
for the last six (6) months. The authorization form is enclosed with this
Order.

Failure to do so will result in their failure to be joined as plaintiffs in this action.
AND IT IS FURTHER ORDERED that the parties are allowed fourteen (14) days from
this date to appeal this order to a district judge pursuant to Local Rule 72.C.2. Failure to appeal
within fourteen (14) days may constitute waiver of the right to appeal.

On May 1, 2013, the cost of filing a new civil case in federal court increased to $400.00. This
increase includes a $50.00 administrative fee in addition to the current $350.00 filing fee.
However, the $50.00 administrative fee does not apply to prisoner cases filed in forma pauperis
under 28 U.S.C. § 1915. Thus, if a prisoner is granted in forma pauperis then he is subject only
to a $350.00 filing fee.
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/s/Lisa Pupo Lenihan _____
Lisa Pupo Lenihan
United States Magistrate Judge

Cc:

Kenneth Burno, FZ-0691
Stanley Charlton, GB-7059
Thomas Wright, GY-5821
Keith Weber, KF-3282
William Clark, LF-0471
Rahiem Murphy, FD-2435
SCI Houtzdale
P.O. Box 1000
209 Institution Drive
Houtzdale, PA 16698-1000
John P. Senich, Jr.
(Via CM/ECF electronic mail)

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