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Cullen v. Pennsylvania Dep't of Corrections

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


December 3, 2009

JOHN CULLEN, ET AL., PLAINTIFFS,
v.
PENNSYLVANIA DEPARTMENT OF CORRECTIONS, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Magistrate Judge Bissoon

ORDER

Plaintiffs are 5 state prisoners who seek to file a prisoner civil rights action against numerous named Defendants. The Complaint was submitted without a filing fee, and without an application to proceed in forma pauperis. The Court of Appeals for the Third Circuit recently offered guidance with regard to multiple plaintiff prisoner litigation and the filing fee provisions, codified under 28 U.S.C. § 1915, of the Prison Litigation Reform Act ("PLRA"). In Hagan v. Rogers, 570 F.3d 146, 155 (3d Cir. 2009), the Court of Appeals held that the "the plain language of § 1915(b)(1) can be read in complete harmony with Rule 20 [concerning joinder] by requiring each joined prisoner to pay the full individual [filing] fee." Id.

AND NOW, this 3rd day of December, 2009,

IT IS HEREBY ORDERED that each named Plaintiff shall submit a separate, full filing fee of $350.00, or submit a separate application for leave to proceed in forma pauperis on or before December 17, 2009. Plaintiffs granted leave to proceed in forma pauperis will be required to authorize the eventual payment of a separate $350.00 filing fee. Any Plaintiff who does not pay a separate $350.00 fee, or submit a separate petition to proceed in forma pauperis, will be dismissed from this case.

IT IS FURTHER ORDERED that the parties are allowed ten (10) days from this date to appeal this order to a district judge pursuant to Rule 72.C.2 of the Local Rules for Magistrates.

Failure to appeal within ten (10) days may constitute waiver of the right to appeal.

CATHY BISSOON UNITED STATE MAGISTRATE JUDGE

20091203

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