Parker v. Cagle et al

Filing 1

ORDER docketed in new case as to William Parker pursuant to Order in case 3:15-cv-00338. Directing the Clerk of Court to open a new case for William Parker and to file a copy of his Amended Complaint, Motion for Leave to Proceed IFP and the Order allowing Mr. Parker to proceed IFP in the new case. Signed by Judge Billy Roy Wilson on 11/13/2015. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
JONESBORO DIVISION
ROBERT BAKER and
WILLIAM PARKER
v.

PLAINTIFFS
3:15CV00338-BRW-JJV

DOES; et al.

DEFENDANT
ORDER

Plaintiffs Robert Baker and William Parker jointly filed this action on October 21, 2015.
(Doc. No. 2.) Now, in his Amended Complaint (Doc. No. 13), Plaintiff Parker has indicated a
desire to pursue his claims separately. After review of both Plaintiffs’ allegations, the Court
concludes that severance is proper. Plaintiffs’ claims do not arise out of the same transaction or
occurrence.1
Accordingly, the Clerk of Court is directed to open a new case for William Parker and
file a copy of his Amended Complaint (Doc. No. 13), Motion for Leave to Proceed In Forma
Pauperis (Doc. No. 10), and the Order allowing Mr. Parker to proceed IFP (Doc. No. 11) in the
new case. The Clerk of Court is also directed to terminate Mr. Parker as a party to this action.
IT IS SO ORDERED, 13th day of November, 2015.

/s/ Billy Roy Wilson
UNITED STATES DISTRICT JUDGE

1

See FED. R. CIV. P. 20(a) (providing that multiple plaintiffs may join in one lawsuit if
they assert a right to relief “arising out of the same transaction” or occurrence that involves a
common “question of law or fact”); FED. R. CIV. P. 21 (explaining that a court may sua sponte
sever improperly joined claims).