Opinion
CIVIL NO. 3:07-CV-01916.
December 10, 2007
REPORT AND RECOMMENDATION
The plaintiffs, four prisoners proceeding pro se, commenced this 42 U.S.C. § 1983 action by filing a complaint. The plaintiffs claim that the defendants are violating the Eighth Amendment by keeping lights on in the Restricted Housing Unit of the State Correctional Institution at Smithfield twenty-four hours a day.
The plaintiffs did not pay the filing fee to commence this action and they did not file proper applications to proceed in forma pauperis. By an administrative order issued by the Clerk of Court on October 25, 2007, the plaintiffs were ordered to either pay the filing fee or file proper in forma pauperis applications and authorization forms to have funds deducted from their prison accounts to pay the filing fee.
Plaintiffs Stewart, Bullock and Riley have filed proper in forma pauperis applications and authorization forms to have funds deducted from their prison accounts to pay the filing fee. Plaintiff Muchinson, on the other hand, has not filed an application to proceed in forma pauperis or an authorization form to have funds deducted from his prison account to pay the filing fee.
Since plaintiff Muchinson has not filed the proper in forma pauperis forms, it is recommended that he be dismissed from this action. It is further recommended that the case be remanded to the undersigned for further proceedings.