WYATT v. TERRE HAUTE POLICE DEPARTMENT

District Court, S.D. Indiana

WYATT v. TERRE HAUTE POLICE DEPARTMENT

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA TERRE HAUTE DIVISION

WILLIAM D. WYATT, JR., ) CYNTHIA MCLURE, ) JESSICA WHALEN-BAINE, ) ) Plaintiffs, ) ) v. ) No. 2:19-cv-00453-JPH-MJD ) TERRE HAUTE POLICE DEPARTMENT, ) RICK DECKER, ) KEITH MOWBREY, ) VIGO COUNTY, ) ) Defendants. )

ORDER

Plaintiffs William Wyatt, Cynthia Mclure, and Jessica Whalen-Bane have filed a complaint alleging Defendants violated their constitutional rights. Dkt. 1. The Seventh Circuit has described in detail the potential downsides for prisoners proceeding in joint litigation with other prisoners. See Boriboune v. Berge,

391 F.3d 852, 854-56

(7th Cir. 2004). It therefore suggested that District Courts “alert prisoners” to these downsides “and give them an opportunity to drop out” of the action.

Id. at 856

. The three primary downsides are the following. First, as noted above, each Plaintiff must pay the $350.00 filing fee. Second, each Plaintiff risks that any claim deemed sanctionable under Fed. R. Civ. P. 11 could lead to sanctions for each Plaintiff. Third, each Plaintiff incurs a “strike” under § 1915(g) if the action is dismissed on the grounds that it is frivolous, malicious, or fails to state a claim upon which relief may be granted. However, the complaint does not specify whether Plaintiffs Mclure and Whalen-Bane are prisoners. See dkt. 1. It also does not provide their addresses, and mail to Plaintiff Wyatt’s Miami Correctional Facility address has been returned. Dkt. 4. The Court must be able to communicate with Plaintiffs for this case to proceed. Moreover, unless Plaintiffs are attorneys, one Plaintiff cannot speak for the others. In re IFC Credit Corp.,

663 F.3d 315, 318

(7th Cir. 2011) (“[IJndividuals are permitted to litigate pro se, though not to represent other litigants.”). Only Plaintiff Wyatt has signed the complaint and motion to proceed in forma pauperis. Dkt. 1, 2. For this case to proceed therefore, each Plaintiff SHALL FILE by November 8, 2019 a signed statement identifying their address, whether they are prisoners, and whether they choose to maintain this case. This case shall be dismissed without prejudice as to any Plaintiff who does not respond. SO ORDERED. Date: 10/2/2019

James Patrick Hanlon United States District Judge Distribution: Southern District of Indiana

WILLIAM D. WYATT, JR. 132564 MIAMI - CF MIAMI CORRECTIONAL FACILITY

Inmate Mail/Parcels 3038 West 850 South Bunker Hill, IN 46914-9810

Reference

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