Order Form (01/2005)

United States District Court, Northern District of Illinois

Name of Assigned Judge

or Magistrate Judge Amy J. St. Eve Sitting Judge if Otherthan Assigned Judge

CASE NUMBER 12 C 4901 DATE 6/25/2012

CASE

TITLE

Larry Fulton (C-64310), et al. v. Montes, et al.

DOCKET ENTRY TEXT

This complaint identifies four Plaintiffs. Plaintiff Larry Fulton’s motion for leave to proceed in forma pauperis [3] is

denied without prejudice because it is incomplete. The remaining Plaintiffs, William Bassett, Paul Bryant, and Joseph

Franklin, neither submitted an i.f.p. application nor paid the filing fee. Each Plaintiff must either pay the $350 filing

fee or apply to proceed i.f.p, if they may do so. Plaintiffs are given until July 30, 2012 to either file an i.f.p. application

on the proper form with the information required by Section 1915(a)(2) or to pay the full filing fee. The complaint is

dismissed without prejudice. Plaintiffs are given leave to file an amended complaint on or before July 30, 2012. 

Failure of any Plaintiff to comply with this order will result in summary dismissal of this case as to that litigant, on the

understanding that that particular individual does not wish to join this lawsuit. The Clerk is directed to send Plaintiffs

(prisoners at Stateville Correctional Center) - Larry Fulton (C-64310), William Bassett (C-01395), Paul Bryant (L11109) and Joseph Franklin (C-80688), an i.f.p. application, an amended complaint form with instructions, and a copy

of this order. 

O[For further details see text below.] Docketing to mail notices.

STATEMENT

 A complaint, identifying four Plaintiffs, has been received by the Court. One of the Plaintiffs filed a motion for

leave to proceed in forma pauperis (i.f.p); however, the motion is incomplete. The remaining Plaintiffs neither

submitted a motion for leave to proceed i.f.p. nor paid the required filing fee. All persons filing complaints in this

Court, even if more than one person files a case, must file an i.f.p. application or pay the full filing fee. See Boriboune

v. Berge, 391 F.3d 852, 854-55 (7th Cir. 2004) (each co-plaintiff is obligated to pay a full, separate statutory filing fee). 

The Prison Litigation Reform Act requires all inmates to pay the full filing fee, even those whose cases are summarily

dismissed. In all prisoner civil lawsuits, the court must assess an initial partial filing fee. See 28 U.S.C. § 1915(b)(1). 

The Court will direct correctional officials to deduct the initial filing fee payment directly from each Plaintiff’s trust

fund account. Thereafter, correctional authorities having custody of each Plaintiff will be authorized and ordered to

make monthly payments to the court of 20% of the preceding month’s income credited to the trust fund account until

such time as the full filing fee is paid for each litigant.

 To enable the Court to make the necessary assessment of the filing fee, each Plaintiff must submit the required

i.f.p. application or pay the full $350 filing fee. See 28 U.S.C. § 1915(a)(2). Failure to so by July 30, 2012 will result

in their dismissal from this case. 

 Furthermore, the complaint on file is only signed by Plaintiff Fulton. Each pro se Plaintiff is required to sign the

amended complaint (as well as future pleadings). Fed. R. Civ. 11(a). Accordingly, the complaint on filed is dismissed

without prejudice. 

 Pursuant to Boriboune, supra, 391 F.3d at 856, Plaintiffs are alerted to the risks under Fed. R. Civ. P. Rule 11

(sanctions for frivolous pleadings) and 28 U.S.C. § 1915(g) (the “strike-out” statute). Each litigant is accountable for

his co-plaintiffs’ claims; therefore, if one plaintiff is assessed a strike, any co-plaintiff will be assessed a strike as well. 

Id. Complaints about prison-wide practices do not require more than one plaintiff; furthermore, complaints with a

common core plus additional claims by different prisoners increase each plaintiff’s risks under Rule 11 and § 1915(g)

without a corresponding reduction in the filing fee. Id. Therefore, each Co-Plaintiff may, if he wishes, advise the court

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STATEMENT

that he wishes to “opt out” of this lawsuit. Id.

 For the foregoing reasons, the Court dismisses the complaint on file without prejudice. Plaintiffs are granted

thirty days in which to submit an amended complaint (plus a judge’s copy and service copies). Plaintiffs must write

both the case number and the judge’s name on the amended complaint, all Plaintiffs must sign it, and return it to the

Prisoner Correspondent. As with every document filed with the court, Plaintiffs must provide an extra copy for the

judge; he must also submit a sufficient number of copies for service on each Defendant named in the amended

complaint.

Plaintiffs are cautioned that an amended pleading supersedes the original complaint and must stand complete

on its own. Therefore, all allegations must be set forth in the amended complaint, without reference to the original

complaint. Any exhibits Plaintiffs want the court to consider in its threshold review of the amended complaint must be

attached, and each copy of the amended complaint must include complete copies of any and all exhibits. If Plaintiffs

do not timely comply with this order, this case shall be dismissed. 

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