Morales v. Corporation Correctional of America et al

Filing 3

ORDER severing plaintiffs' claims and directing clerk of court to open seven new actions for plaintiffs Galena-Flores, Lopez, Hermosillo-Torres, Servin-Gomez, Valenzuela-Vega, Carrillo, and Morales. Signed by Judge William M. Wunderlich on 08/17/05. (Balli, R)

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Case 1:05-cv-01080-AWI-WMW Document 3 Filed 08/23/2005 Page 1 of 4 (PC) Morales v. Corporation Correctional of America et al Doc. 3 Case 1:05-cv-01080-AWI-WMW 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Document 3 Filed 08/23/2005 Page 2 of 4 America at the California City Correctional Center. In this court's experience, an action brought by multiple plaintiffs proceeding pro se in which one or more of the plaintiffs is incarcerated presents procedural problems that cause delay and confusion. Delay often arises from the frequent transfer of inmates to other facilities or institutions, the changes in address that occur when inmates are released on parole, and the difficulties faced by inmates who attempt to communicate with each other and other unincarcerated individuals. In this case, the need for the plaintiffs to agree on all filings made in this action and the need for all filings to contain the original signatures of all eight plaintiffs will lead to delay and confusion. Accordin gly, the court shall order plaintiffs' claims severed. Plaintiff Rafael Urena Paredes will proceed in this action, while plaintiffs Galeana-Flores, Lopez, Hermosillo-Torres, Servin-Gomez, Valenzuela-Vega, Carrillo, and Morales will proceed in separate civil actions to be opened by the Clerk of the Court. Each plaintiff shall proceed separately and shall be solely responsible for his own action. The Clerk of the Court will be directed to assign the new actions to the same district judge and magistrate judge assigned to the instant action. The Clerk of the Court shall make appropriate adjustment in the assignment of civil cases to compensate for this reassignment. Since the claims of plaintiffs Galeana-Flores, Lopez, Hermosillo-Torres, Servin-Gomez, Valenzuela-Vega, Carrillo, and Morales will be severed, each plaintiff shall be given thirty days to file, in his own action, an amended complaint. II. Plaintiffs' Applications to Proceed In Forma Pauperis Plaintiffs Paredes, Galeana-Flores, Lopez, Hermosillo-Torres, Servin-Gomez, and ValenzuelaVega have filed applications to proceed in forma pauperis correctly filled out and signed by a prison official. In addition, the forms were accompanied by copies of plaintiffs' prison trust account statement for the six month period immediately preceding the filing of the complaint. Plaintiff Hermosillo-Torres has filed an application to proceed in forma pauperis and a copy of his prison trust account statement; however, plaintiff Hermosillo-Torres failed to sign the application. Plaintiffs Carrillo and Morales have not filed applications to proceed in forma pauperis or copies of their prison trust account statements. Accordingly, based on the foregoing, it is HEREBY ORDERED that: 2 Case 1:05-cv-01080-AWI-WMW 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4. g. f. e. d. c. b. 3. 2. 1. Document 3 Filed 08/23/2005 Page 3 of 4 Plaintiff Rafael Urena Parades shall proceed as the sole plaintiff in case number 1:05-CV-00813-AWI-WMW-P; The claims of plaintiffs Galeana-Flores, Lopez, Hermosillo-Torres, Servin-Gomez, Valenzuela-Vega, Carrillo, and Morales are severed from the claims of plaintiff Rafael Urena Parades; The Clerk of the Court is directed to: a. Open seven separate civil actions for plaintiffs Galeana-Flores, Lopez, Hermosillo-Torres, Servin-Gomez, Valenzuela-Vega, Carrillo, and Morales. Assi gn the new actions to the district judge and magistrate judge to whom the instant case is assigned and make appropriate adjustment in the assignment of civil cases to compensate for such assignment; File and docket a copy of this order in the new actions opened for plaintiffs Galeana-Flores, Lopez, Hermosillo-Torres, Servin-Gomez, Valenzuela-Vega, Carrillo, and Morales; Place a copy of the complaint filed on June 20, 2005, in the instant action in the new actions opened for plaintiffs Galeana-Flores, Lopez, Hermosillo-Torres, Servin-Gomez, Valenzuela-Vega, Carrillo, and Morales; Send plaintiffs Galeana-Flores, Lopez, Hermosillo-Torres, Servin-Gomez, Valenzuela-Vega, Carrillo, and Morales each an endorsed copy of the complaint, filed June 20, 2005, bearing the case number assigned to his own individual action; Send plaintiffs Galeana-Flores, Lopez, Hermosillo-Torres, Servin-Gomez, Valenzuela-Vega, Carrillo, and Morales each an amended civil rights complaint form; and Send plaintiffs Hermosillo-Torres, Carrillo, and Morales each an application to proceed in forma pauperis by a prisoner; Within thirty (30) days from the date of service of this order, plaintiffs Galeana-Flores, Lopez, Hermosillo-Torres, Servin-Gomez, Valenzuela-Vega, Carrillo, and Morales 3 Case 1:05-cv-01080-AWI-WMW 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6. 5. Document 3 Filed 08/23/2005 Page 4 of 4 shall each file an amended complaint bearing his new case number. Within thirty (30) days from the date of service of this order plaintiffs HermosilloTorres, Carrillo, and Morales shall either pay the filing fee in full or submit a completed application to proceed in forma pauperis, along with a certified copy of his prison trust account statements, bearing his new case number; and The failure to comply with this order will result in a recommendation that the action be dismissed. IT IS SO ORDERED. Dated: j14hj0 August 17, 2005 /s/ William M. Wunderlich UNITED STATES MAGISTRATE JUDGE 4

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