(PC) Rodgers-Castillo v. Allen

Opinion

MILTON RODGERS-CASTILLO, et al. Case No. 1:25-cv-00304-BAM (PC) Plaintiffs, ORDER FOR PLAINTIFF MANUEL RODGERS-CASTILLO TO SUBMIT v. APPLICATION TO PROCEED IN FORMA PAUPERIS OR PAY FILING FEE ALLEN, et al., THIRTY (30) DAY DEADLINE Defendants. Plaintiffs Milton Rodgers-Castillo and Manuel Rodgers-Castillo (“Plaintiffs”) are state prisoners proceeding pro se in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiffs initiated this joint action on March 12, 2025.1 (ECF No. 1.) Plaintiff Milton Rodgers-Castillo submitted a motion to proceed in forma pauperis, which was granted on March 13, 2025. (ECF Nos. 2, 8.) Plaintiff Manuel Rodgers-Castillo has not yet submitted an application to proceed in forma pauperis pursuant to 28 U.S.C. § 1915 or paid the $405.00 filing fee for this action. In a recent decision, the Ninth Circuit Court of Appeals held that the Prison Litigation Reform Act requires each prisoner proceeding in forma pauperis in a multi-prisoner lawsuit to pay “the full amount of a filing fee.” Johnson v. High Desert State Prison, 127 F.4th 123, 132 (9th Cir. 2025) (quoting 28 U.S.C. § 1915(b)(1)).

1 At this time, the Court expresses no opinion on whether this case may proceed as a joint action. Accordingly, IT IS HEREBY ORDERED that: Within thirty (30) days of the date of service of this order, Plaintiff Manuel Rodgers- Castillo shall submit the attached application to proceed in forma pauperis, completed and signed, or in the alternative, pay the $405.00 filing fee for this action. No requests for extension will be granted without a showing of good cause. Failure to comply with this order will result in dismissal of Plaintiff Manuel Rodgers-Castillo from this action. IT IS SO ORDERED.

Dated: March 15, 2025 /s/ Barbara A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE