Alicea, Jose et al v. Walls, Edward et al

Filing 10

ORDER on ifp request: Plaintiff Jessica Barrera to submit financial affidavit and written confirmation that she wants to proceed with this case jointly. Financial affidavit and written confirmation due 6/26/2013. Signed by Magistrate Judge Peter A. Oppeneer on 6/12/2013. (jef),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
JOSE A. ALICEA, JESSICA BARRERA
and N.A.1,
Plaintiffs,

ORDER

v.
13-cv-302-bbc
EDWARD F. WALLS, CINDY O’DONNELL and
WILLIAM POLLARD,
Defendants.

In an order entered in this case on May 9, 2013, I explained to plaintiffs Jose Alicea and
Jessica Barrera that since plaintiff Alicea is a prisoner, he is subject to the Prisoner Litigation
Reform Act and must pay a separate $350 filing fee. Boriboune v. Berge, 391 F.3d 852, 856 (7th
Cir. 2004). I gave plaintiff Alicea until June 3, 2013, to pay an initial partial filing fee of
$123.87.

I also directed plaintiff Barrera to complete an affidavit to proceed without

prepayment of fees and/or costs. Finally, I cautioned plaintiffs about the consequences of
prosecuting this lawsuit in a joint complaint and I gave plaintiffs until June 3, 2013, to advise
the court whether each of them wishes to prosecute this action jointly.
Plaintiff Alicea has submitted his full $350 filing fee and has provided a written response
to the court that he wishes to pursue this case jointly. However, plaintiff Jessica Barrera has not
responded to this court’s May 9, 2013 order. Since plaintiff Barrera has not responded to the
May 9, 2013 order, I will give her another opportunity to do so. Plaintiff Barrera may have an
enlargement of time to submit a financial affidavit, of which I have enclosed another copy with
this order, and written confirmation that she wishes to prosecute this action jointly with Jose
Alicea.

1

Pursuant to the Administrative Procedures of this court, if a minor child must be
mentioned in a document, only the initials of the child should be used.

ORDER
IT IS ORDERED that plaintiff Jessica Barrera may have until June 26, 2013, in which
notify the court in writing whether she wishes to prosecute this action jointly with Jose Alicea
and to submit the enclosed affidavit to proceed without prepayment of fees and/or costs. If, by
June 26, 2013, plaintiff Barrera fails to respond to this order as directed, she will be considered
to have withdrawn from the lawsuit.

Entered this 12th day of June, 2013.
BY THE COURT:

/s/
PETER OPPENEER
Magistrate Judge

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