IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA
May 31, 2006
RONALD CLARK, PLAINTIFF,
JEFFREY BEARD; SHARON BURKS, CHIEF GRIEVANCE/APPEALS OFFICER; BUREAU OF HEALTHCARE SERVICES; LOUIS FOLINO, SUPERINTENDANT; THOMAS JACKSON; BRIAN ) COLEMAN, DEPUTY SUPERINTENDENT ; DIANE THOMAS, MEDICAL ADMINISTRATOR; STANLEY FALOR, CHIEF PHYSICIAN; NANCY ZEIGLER, PHYSICIAN'S ASSISTANT; SHIRLEY HICKMAN, PHYSICIAN'S ASSISTANT; DOCTOR KANNANE, PHYSICIAN'S ASSISTANT; JOHN MCANANY, NURSING SUPERVISOR; DAN DAVIS, GRIEVANCE COORDINATOR, DEFENDANTS
The opinion of the court was delivered by: Magistrate Judge Lisa Pupo Lenihan
Judge Terrence F. McVerry
The Plaintiff in the above captioned case has filed a Motion to Proceed In Forma Pauperis (Doc. No. 1), but did not include a certified account statement. Although the Complaint submitted names four (4) individual plaintiffs, along with "All Other Capital Case Inmates Similarly Situated," and the preliminary statement to the Complaint states that it is filed as a class action, in no way does the complaint set forth any class action claims. It does not even set forth allegations that would allow for the permissive joinder of parties under Federal Rule 20. The allegations of the complaint pertain solely to Plaintiff Clark.*fn1 No mention is made of any harm to the other named plaintiffs. It appears to this Court that this is an attempt by the multiple plaintiffs to avoid payment of separate filing fees for each of their complaints.
IT IS ORDERED this 31ST day of May, 2006, that the Inmate Account Officer shall file a certified copy of Ronald's Clark's inmate account statement for the past six months.
IT IS FURTHER ORDERED that the caption of the complaint shall be amended so that RONALD CLARK remains as the sole Plaintiff. All other Plaintiffs named shall be terminated. The Defendants in the caption shall not be changed.
IT IS FURTHER ORDERED that Plaintiff is allowed ten (10) days from this date to appeal this order to a district judge pursuant to Rule 72.1.3(B) of the Local Rules for Magistrates. Failure to appeal within ten (10) days may constitute waiver of the right to appeal.
Lisa Pupo Lenihan United States Magistrate Judge