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IN THE UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF FLORIDA

TALLAHASSEE DIVISION

JONATHAN LEE RICHES, 

BERNARD MADOFF,

Plaintiffs,

vs. Case No. 4:09cv323-SPM/WCS

BYRD BILLINGS, et al.,

Defendants.

 /

O R D E R

On August 21, 2009, a complaint was filed in this Court, allegedly by two Pls. 

Doc. 1. The two Plaintiffs are not located at the same institution and, thus, would have

a nearly impossible task of filing this complaint together and being able to sign and date

the complaint one day apart. Doc. 1, p. 2. It appears that the action was initiated solely

by inmate Jonathan Lee Riches, and that he has falsely attempted to involve another

person and forge a signature for that individual, Bernard Madoff.

The allegations are, more importantly, frivolous and fanciful. Should Plaintiff

Riches seek to litigate this case, he must do so separately and he may only present

allegations on his own. Even if it were likely that two inmates desired to bring a

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Case No. 4:09cv323-SPM/WCS

complaint together, the law does not permit two inmates to combine a case for the

purpose of paying only one filing fee. Indeed, in this case, Plaintiff did not pay the filing

fee for this case, nor has an in forma pauperis motion be submitted. 

I entered an order on September 8, 2009, directing Plaintiff Jonathan Lee Riches,

the most likely author of the document filed in this case, to respond with either the filing

fee or an in forma pauperis motion, supported by the required financial affidavit. Doc. 3. 

Furthermore, if Plaintiff actually had allegations to present of a constitutional violation,

Plaintiff was ordered to file an amended complaint. That order was returned as

undeliverable, and the notation on the envelope stated that Plaintiff was no longer at

that institution. Doc. 4.

Therefore, the Court has located Jonathan Lee Riches within the Bureau of

Prisons, and this order will now be sent to him at the institution to which he was

transferred. In the future, addresses will not be determined and if mail is returned to the

Court, the case will be dismissed for failure to prosecute. It is Plaintiff's obligation to

keep the Court informed as to his current address and whereabouts. 

Plaintiff is further advised that he must honestly disclose all prior cases he has

filed, and Plaintiff must use the complaint form provided to him. If Plaintiff cannot

demonstrate how or why this case should proceed in the Northern District of Florida,

Plaintiff should file a notice of voluntary dismissal pursuant to FED. R. CIV. P. 41(a). 

Such a notice should also be carefully considered if Plaintiff is unable to present more

than a fanciful description of events which are untrue and frivolous, and waste the

Court's time.

Accordingly, it is

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Case No. 4:09cv323-SPM/WCS

ORDERED:

1. The Clerk of Court is directed to forward to Plaintiff Jonathan Lee Riches a §

1331 civil rights complaint form and in forma pauperis packet for federal prisoners so

that Plaintiff can file the amended complaint as explained above.

2. Plaintiff shall have until October 22, 2009, to file an amended civil rights

complaint, which shall be typed or clearly written and submitted on court forms, and

either pay the filing fee for this case or submit a completed in forma pauperis motion

and financial affidavit with the required inmate bank account information.

3. Alternatively, Plaintiff should file a notice of voluntary dismissal by October

22, 2009.

4. Failure to comply with this Court order may result in a recommendation

of dismissal of this action.

5. The Clerk of Court shall provide this Order to Plaintiff Jonathan Lee Riches at

Lexington Federal Medical Center, Satellite Camp, P.O. Box 14525, Lexington, KY

40512.

6. The Clerk of Court shall return this file to me upon receipt of Plaintiff's

compliance with this order or no later than October 22, 2009.

DONE AND ORDERED on September 21, 2009.

s/ William C. Sherrill, Jr. 

WILLIAM C. SHERRILL, JR. 

UNITED STATES MAGISTRATE JUDGE

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