Maurice Daronte Davis, et al. v. Jeff Lynch, et al.

Summary

The United States District Court for the Eastern District of California directs plaintiff Brandyn Howard to either submit a compliant application to proceed in forma pauperis or pay the required filing fees within thirty days. The court warns that failure to comply will result in a recommendation of dismissal and denies the plaintiffs’ motion to expedite ruling.

Holdings

1. When multiple prisoners proceed jointly in a federal lawsuit under Federal Rule of Civil Procedure 20(a)(1) and seek in forma pauperis status under 28 U.S.C. § 1915, each prisoner must independently qualify for in forma pauperis status and pay the full filing fee in installments.
2. Howard must, within thirty days, either submit a properly completed prisoner in forma pauperis application with the required trust-account documentation or pay $405.00 in fees; failure to comply will result in a recommendation that he be dismissed from the action.

Questions Presented

1. Whether a plaintiff in a joint prisoner action must independently qualify for in forma pauperis status and pay the filing fee in installments.
2. Whether plaintiff Howard should be given an opportunity to submit a proper in forma pauperis application or pay the required fees.
3. Whether plaintiffs' motion to expedite ruling should be granted before Howard complied with the filing-fee requirements.

Disposition

other