Turner, James et al v. Hamblin, Grary et al

Filing 7

ORDER on ifp request: Initial partial filing fee of $ 33.65 assessed as to plaintiff John Townsend. Plaintiff Townsend's Initial partial filing fee due 5/15/2012. Signed by Magistrate Judge Stephen L. Crocker on 4/23/2012. (jef),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN

JAMES ROBERT TURNER and
JOHN TOWNSEND,
Plaintiffs,
v.

ORDER
12-cv-179-bbc

GRARY HAMBLIN, JANEL NICKEL,
WILLIAM GROSSHANS, MORGAN DON,
ROLAND COUEY, FRANSON BRAIN,
MIESNER MICHAEL, TONY ASHWORTH,
TIM PETERSON, SANDY HAUTAMAKI,
CHARLES COLE, JOANNE LANE,
TIM DOUMA, KIESLING DIANA,
BRETT SUTTON and ZIEGLER,
Defendants.

This is a group action brought by plaintiffs James Turner and John Townsend, prisoners
at Columbia Correctional Institution, alleging violations of their constitutional rights. In an
order entered in this case on March 20, 2012, I explained that under Boriboune v. Berge, 391 F.3d
852, 856 (7th Cir. 2004), each plaintiff is subject to the Prisoner Litigation Reform Act and
must pay a separate $350 filing fee. In addition, I cautioned plaintiffs about the consequences
of prosecuting this lawsuit in a group complaint. I gave plaintiffs until April 12, 2012, to advise
the court whether each of them wishes to prosecute this action jointly. In the same order, I gave
assessed James Turner an initial partial filing fee of $147.92 and I gave plaintiff John Townsend
until April 12 to submit a trust fund account statement covering the period from September 10,
2011 and ending approximately March 10, 2012 so that his initial partial payment could be
assessed.
In response to the March 20 order, plaintiff Turner has submitted his $147.92 initial
partial payment and plaintiff Townsend has submitted his trust fund account statement.

From plaintiff Townsend’s statement, I calculate his initial partial payment to be $33.65.
If plaintiff Townsend does not have the money to make the initial partial payment in his regular
account, he will have to arrange with prison authorities to pay some or all of the assessment from
his release account. This does not mean that plaintiff Townsend is free to ask prison authorities
to pay all of his filing fee from his release account. The only amount he must pay at this time
is the $33.65 initial partial payment. Before prison officials take any portion of that amount
from plaintiff Townsend’s release account, they may first take from his regular account whatever
amount up to the full amount he owes.
Although plaintiffs have not submitted letters stating that they would like to proceed
jointly in this case, I will construe Turner’s payment of his $147.92 partial filing fee and
Townsend’s submission of his trust fund account statement as confirmation that each plaintiff
would like to go forward jointly in this case. With regard to future filings in this case, plaintiffs
should be aware of the rules governing communications with the court and parties to the lawsuit.
Those rules are listed in a book titled “Federal Civil Judicial Procedure and Rules.” In particular,
plaintiffs are directed to Rule 5, which requires that every piece of paper in connection with a
lawsuit be served on each party, and Rule 11, which requires a signature on every pleading,
written motion and other paper. Plaintiffs are equally responsible for the prosecution of this
lawsuit. Any document that purports to state the position of both plaintiffs must be signed by
all of the plaintiffs. If a plaintiff intends to file a document on his behalf only, that plaintiff
must provide a copy of the document to the other plaintiff and indicate that he has served all
parties in the case, or his filing will not be considered.

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ORDER
IT IS ORDERED that plaintiff John Townsend may have until May 15, 2012, in which
submit $33.65 as an initial partial payment of the $350 fee for filing this case. If, by May 15,
2012, plaintiff Townsend fails to make the necessary initial partial payment or show cause for
his failure to do so, then he will be held to have withdrawn from this action voluntarily.

Entered this 23rd day of April, 2012.
BY THE COURT:
/s/
STEPHEN L. CROCKER
Magistrate Judge

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