RUSH v. WETZEL

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA John L. Rush, Rahiem Fant, Jordan ) Batty, Sr., Jesse Orndorff, Daniel ) Civil Action No. 1:21-cv-316 Shelley, Jordan Rawls, Samuel Brown, ) Jeremy Brown, Blake Weaver, Seth ) Kerr, Mitchell Simpson, Nikolaus ) Magistrate Judge Lisa Pupo Lenihan Andrews, Dusty Perry, Richard ) Bianco, Damontae Williams, Howard ) Wolfe, Michael Rose, Jade Lines, ) Caleb Smith, Adam Conrad, Robert ) Zagata, Jeremy Masser, Eric Morrison, ) Randy Anderson, Christian Ferris, ) Matthew Miller, Michael Kramer, ) Jarome Green, Jermaine Hughes, Ryan ) Hart, Quentin Ingram, Bradel Blow, ) Lamont Snider, James Rickmon, ) Lynard Grace, Jesse Jenkins, Rayheem ) Brown, Joseph McBride, Eric Hall, ) Robert Austin, Jeffrey Nelson, Ronald ) Rummings, Ronnie Singletary, Jason ) Hockenberry, ) ) Plaintiffs, ) ) v. ) ) John Wetzel and Derek F. Oberlander, ) ) Defendants.

ORDER The Plaintiffs1 in this matter have submitted for filing a complaint. However, only Plaintiff John L. Rush has submitted the required forms to proceed in forma pauperis in a civil rights case. In Hagan v. Rogers, 570 F.3d 146 (3d Cir. 2009), the Court of Appeals for the Third Circuit held that prisoners are not categorically barred from joining as plaintiffs under Federal Rule of Civil Procedure 20, and further addressed certain consequences applicable to civil cases The Plaintiffs are all inmates currently incarcerated at SCI-Forest. in which multiple prisoner plaintiffs seek to join in one action pursuant to Rule 20. For example, it held that where the entire filing fee has not been prepaid, the full filing fee must be assessed against each in forma pauperis co-plaintiff to join under Rule 20, as though each plaintiff were proceeding individually. Id. at 150. The Plaintiffs in this case have not prepaid the full filing fee. Therefore, this action may not proceed with the remaining forty-three (43) Plaintiffs unless (1) someone tenders to the “Clerk, U.S. District Court” a statutory filing fee in the amount of $402.00, or, (2) each Plaintiff files a properly completed application to proceed in forma pauperis, along with an authorization form and a certified copy of their prison account statements for the six (6) months preceding the filing of the complaint.

Therefore, IT IS HEREBY ORDERED this 19th day of November, 2021, that, if they desire to proceed with this action, each of the remaining forty-three (43) Plaintiffs must submit a motion to proceed in forma pauperis, along with certified copies of their inmate account statements for the six (6) months preceding the filing of the complaint. Or, they may proceed with this case by someone pre-paying the full $402.00 filing fee.

IT IS FURTHER ORDERED that if the remaining forty-three (43) Plaintiffs do not submit motions to proceed in forma pauperis or pre-pay the $402.00 filing fee within thirty (30) days from the date of this Order then they will be dismissed from this action and this case will proceed with only those Plaintiffs who have complied with this Order.

AND IT IS FURTHER ORDERED that the Plaintiffs are allowed fourteen (14) days from this date to appeal this order to a District Judge pursuant to Rule 72.C.2 of the Local Rules.

Failure to appeal within fourteen (14) days may constitute waiver of the right to appeal. /s/ Lisa Pupo Lenihan Lisa Pupo Lenihan United States Magistrate Judge

Cc: John L. Rush, LZ9681 Rahiem Fant, LY3417 Jordan Batty, Sr., MJ0311 Jesse Orndorff, LV2952 Daniel Shelley, KY7892 Jordan Rawls, NU4906 Samuel Brown, JC9130 Jeremy Brown, LT7791 Blake Weaver, LL8844 Seth Kerr, NX8552 Mitchell Simpson, DY1141 Nikolaus Andrews, EV2955 Dusty Perry, ND0961 Richard Bianco, QK5164 Damontae Williams, LE6315 Howard Wolfe, LL8985 Michael Rose, LB7861 Jade Lines, NQ5482 Caleb Smith, MW4398 Adam Conrad, KE2455 Robert Zagata, NV1896 Jeremy Masser, LP1120 Eric Morrison, KH9233 Randy Anderson, LY1600 Christian Ferris, NK2650 Matthew Miller, Michael Kramer, KL8605 Jarome Green, NG4670 Jermaine Hughes, MD4807 Ryan Hart, MK1858 Quentin Ingram, LN0680 Bradel Blow, JT5368 Lamont Snider, MC8859 James Rickmon, DX7900 Lynard Grace, LZ5669 Jesse Jenkins, NR6435 Rayheem Brown, JA4816 Joseph McBride, NL0619 Eric Hall, BL5355 Robert Austin, QH5187 Jeffrey Nelson, NU6810 Ronald Rummings, HN9368 Ronnie Singletary, NM0504 Jason Hockenberry, QH9046 SCI Forest P.O. Box 945 Woodland Drive Marienville, PA 16239