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Antonio Badia v. Warden

January 19, 2011

ANTONIO BADIA,
PLAINTIFF,
v.
WARDEN, HCCC, ET AL., DEFENDANTS.



The opinion of the court was delivered by: Jose L. Linares United States District Judge

ORDER

IT APPEARING THAT:

1. On October 7, 2010, the Clerk received a complaint docketed in the Civil Action No. 10-5381 (PGS); the complaint named eight persons as plaintiff's in that matter and sought certification of a certain class, with these eight persons being proffered as class representatives. See Docket Entry No. 1, at 1. Plaintiff was one of those eight persons. See id.

2. On October 28, 2010, Judge Sheridan, presiding over the Civil Action No. 10-5381, issued a memorandum opinion and order ("Judge Sheridan's Order") denying class certification, explaining to the plaintiffs the filing fee consequences of proceeding in a joint action in forma pauperis, detailing to the plaintiffs the standing requirement which prevents the plaintiffs from pursuing the claims of other individuals, clarifying to the plaintiff's the pleading requirement pursuant to which each plaintiff had to detail the facts underlying that particular plaintiff's individual claims, directing the Clerk to open a new and separate matter for all persons named as plaintiffs in that action, and mandating each such plaintiff to submit: (a) that plaintiff's in forma pauperis application; and (b) that particular plaintiff's individual amended complaint setting forth the facts underlying that plaintiff's own claims. See generally, Docket Entry No. 1.

3. Plaintiff's instant action was initiated as a result of Judge Sheridan's Order.

4. On November 15, 2010, Plaintiff s submitted his "amended" complaint, which effectively replicated the original complaint dismissed by Judge Sheridan. See Docket Entry No. 3.

5. On November 29, 2010, Plaintiff submitted his application to proceed in this matter in forma pauperis. See Docket Entry No. 4.

6. In light of the shortcomings of Plaintiff's in forma pauperis application, as well as in light of the shortcomings of his "amended" complaint, the Court finds it warranted to re-explain to Plaintiff, once again, the submissions Plaintiff has to make in order to begin duly prosecuting his challenges.

7. The requirements with regard to in forma pauperis status are as follows:

a. The Clerk will not file a civil rights complaint unless the person seeking relief pays the entire applicable filing fee in advance or the person applies for and is granted in forma pauperis, status pursuant to 28 U.S.C. § 1915. See Local Civil R. 5.1(f).

b. The filing fee for a civil rights complaint is $350.00. See 28 U.S.C. § 1914(a).

c. If a prisoner seeks permission to file a civil rights complaint in forma pauperis, the Prison Litigation Reform Act ("PLRA") requires the prisoner to file an affidavit of poverty and a certified prison account statement for the six-month period immediately preceding the filing of the complaint. See 28 U.S.C. § 1915(a)(2). d. Plaintiff is a confined individual. Plaintiff failed to pay his filing fee. He submitted his affidavit of poverty, but he did not submit his certified prison account statement. Since his "amended" complaint indicates that he is not in imminent danger of serious physical injury, he is not entitled to be granted in forma pauperis status until and unless he duly submits his certified prison account statement for the six-month period preceding that submission.

8. The requirements with regard to execution of Plaintiff's pleading are as follows:

a. As Judge Sheridan explained, Plaintiff has no standing to raise -- and, hence, cannot state -- claims on ...


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