Maldonado et al v. Hompe et al

Filing 2

Order on IFP request: Each Petitioner has until 6/23/2008 to advise the court whether he wishes to prosecute this action jointly. TFAS due from each Petitioner by 6/23/2008 for six-month period from 11/22/2007 to 5/22/2007. Signed by Judge Barbara B Crabb on 6/2/2008. (arw),(ps)

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Maldonado et al v. Hompe et al Doc. 2 Case: 3:08-cv-00308-bbc Document #: 2 Filed: 06/03/2008 Page 1 of 4 IN THE UNITED STATES DISTRICT COURT FO R THE WESTERN DISTRICT OF WISCONSIN --------------------------------------------DANIEL Z. MALDONADO and B RA N D O N C. ARMSTRONG P eti ti o n er s , v. B R A D L E Y HOMPE, Warden, S T A N L E Y CORRECTIONAL INSTITUTION and WISCONSIN D E PA RT M E N T OF CORRECTIONS, R espo nd ents. --------------------------------------------This is a joint action brought by petitioners Daniel Maldonado and Brandon Arm strong, inmates at the Stanley Correctional Institution, alleging violations of their con stitution al rights. Because neither petitioner has paid the $350 fee for filing a new action, I construe the complaint to include a request for leave to proceed in forma pauperis o n behalf of both petitioners. (Although petitioners have joined their claims in one ORDER 0 8 - cv -3 0 8 - b b c co m p lain t, each is bringing an action subject to the 1996 Prison Litigation Reform Act and each must pay the full $350 fee for filing the action. Boriboune v. Berge, 381 F.3d 852, 856 (7th Cir. 2004)). A decision on the requests will be delayed until each petitioner pays an 1 Dockets.Justia.com Case: 3:08-cv-00308-bbc Document #: 2 Filed: 06/03/2008 Page 2 of 4 initial partial payment of the $350 filing fee as required by 28 U.S.C. 1915(b) and the 19 96 Prison Litigation Reform Act, and until each petitioner confirms that he wishes to pro secu te his action in a joint complaint, despite the consequences of doing so as I will explain in this order. Petitioners' complaint was submitted on May 22, 2008. Their trust fund account statem en ts should cover the six-month period beginning approximately November 22, 2007 and ending approximately May 22, 2008. Once petitioners have each submitted the n ecessary statement, I will calculate his initial partial payment and advise him of the amount he will have to pay before the court can screen the merits of his complaint under 19 15 (e)(2). P etitio n ers should be aware that when two or more prisoners join their claims in one law suit, I am required to record a strike under 28 U.S.C. 1915(g) against each petitioner na m ed in the caption of the action if I conclude that any one claim in the action is frivolous, m alicious or fails to state a claim upon which relief may be granted. According to the court of appeals, when a prisoner in a group complaint signs the pleading, he attests to the validity of all of the individual claims in the complaint, whether or not they concern him personally. T herefore, he assumes the risk of incurring a strike if any one claim relating to any other petition er warrants a strike under 1915(g). In addition, each petitioner will be held legally responsible for knowing precisely what 2 Case: 3:08-cv-00308-bbc Document #: 2 Filed: 06/03/2008 Page 3 of 4 is being filed in the case on his behalf. He will be subject to sanctions under Fed. R. Civ. P. 1 1 for any pleading, motion or other paper filed over his name if such sanctions are found w arran ted in any aspect of the case. F in ally, in screening the complaint, the court will consider whether the action of one petition er should be severed from the action of the other petitioner and, if it decides severance is appropriate, the petitioners will be required to prosecute their claims separately. B ecause petitioners may not have been aware of the consequences of joining their claim s in one lawsuit, I will give each an opportunity to withdraw from the suit. However, regardless whether petitioners agree to prosecute this case jointly or separately, each will be required to submit a trust fund account statement for the six-month period described above so that I can assess an initial partial payment of the $350 filing fee. ORDER IT IS ORDERED that 1. Each petitioner may have until June 23, 2008, in which to advise the court w hether he wishes to prosecute this action jointly. 2. If petitioners decide to proceed with the action, each may have until June 23, 2 0 0 8, in which to submit a trust fund account statement covering the period beginning approximately November 22, 2007 and ending approximately May 3 Case: 3:08-cv-00308-bbc Document #: 2 Filed: 06/03/2008 Page 4 of 4 22 , 2008. If, by June 23, 2008, either petitioner fails to submit the required statem ent, that petitioner will be considered to have withdrawn from the law suit voluntarily and will be dismissed from the case without being charged an y portion of the $350 filing fee. E n tered this 2n d day of June, 2008. B Y THE COURT: /s/ _ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ B AR B AR A B. CRABB D istrict Judge 4

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