Palmer v. Woodford et al
Filing
79
ORDER DENYING 78 Plaintiff's Motion for Reconsideration signed by District Judge Lawrence J. O'Neill on 12/15/2011. (Jessen, A)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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WILL MOSES PALMER, III,
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CASE NO. 1:06-cv-00512-LJO-BAM PC
Plaintiff,
ORDER DENYING PLAINTIFF’S MOTION FOR
RECONSIDERATION
v.
(ECF No. 78)
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JEANNE WOODFORD, et al.,
Defendants.
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Plaintiff Will Moses, Palmer, III (“Plaintiff”) is a state prisoner proceeding pro se in this civil
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rights action pursuant to 42 U.S.C. § 1983. Following the reassignment of this action to the
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undersigned, the Magistrate Judge rescreened Plaintiff’s complaint and found that the cognizable
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claims were unrelated. On August 22, 2011, an order issued informing Plaintiff that he his complaint
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violated Federal Rule of Civil Procedure 18 and directing Plaintiff to either file an amended
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complaint or notify the court which of the cognizable claims he wished to proceed on. Following
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Plaintiff’s notice of the claims he wished to pursue in this action, findings and recommendations
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issued on October 12, 2011. Plaintiff filed objections on November 17, 2011, and an order issued
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on November 22, 2011, dismissing the unrelated claims and defendants from this action. Plaintiff
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filed a motion for reconsideration on December 14, 2011.
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Plaintiff argues that the dismissal of claims and defendants as unrelated is not authorized by
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28 U.S.C. § 1915A. Since section 1915A does not list being unrelated as a grounds for dismissal
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Plaintiff requests that the claims be reinstated in this action.
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Although Plaintiff states that he brings his motion pursuant to Federal Rule of Civil
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Procedure 59, the motion is appropriately brought under Federal Rule of Civil Procedure 60.
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Pursuant to Rule 60(b) of the Federal Rules of Civil Procedure, “[o]n motion and just terms, the
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court may relieve a party . . .from a final judgment, order, or proceeding for the following reasons:
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(1) mistake, inadvertence, surprise, or excusable neglect; (2) newly discovered evidence . . . (3) fraud
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. . .; (4) the judgment is void; (5) the judgment has been satisfied, released or discharged; . . . or (6)
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any other reason that justifies relief.” Fed. R. Civ. Proc. 60(b). Where none of these factors is
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present the motion is properly denied. Fuller v. M.G. Jewelry, 950 F.2d 1437, 1442 (9th Cir. 1991).
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The Court is required to screen complaints brought by prisoners seeking relief against a
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governmental entity or officer or employee of a governmental entity. 28 U.S.C. § 1915A(a). The
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Court must dismiss a complaint or portion thereof if the prisoner has raised claims that are legally
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“frivolous or malicious,” that “fails to state a claim on which relief may be granted,” or that “seeks
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monetary relief against a defendant who is immune from such relief.” 28 U.S.C. § 1915(e)(2)(B).
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Since Plaintiff is a state prisoner the Court screens his complaint pursuant to 28 U.S.C. § 1915A.
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However, the Prison Litigation Reform Act does not address the joinder of unrelated claims or
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parties in a suit.
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The Federal Rules of Civil Procedure set forth the rules regarding joinder of parties or claims.
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“A party asserting a claim, counterclaim, crossclaim, or third-party claim may join, as independent
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or alternate claims, as many claims as it has against an opposing party.” Fed. R. Civ. P. 18(a).
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“Unrelated claims against different defendants belong in different suits, not only to prevent the sort
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of morass [a multiple claim, multiple defendant] suit produce[s], but also to ensure that prisoners
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pay the required filing fees-for the Prison Litigation Reform Act limits to 3 the number of frivolous
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suits or appeals that any prisoner may file without prepayment of the required fees. 28 U.S.C. §
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1915(g).” George v. Smith, 507 F.3d 605, 607 (7th Cir. 2007).
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Additionally, a claim may be brought against multiple defendants so long as (1) the claim
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arises out of the same transaction or occurrence, or series of transactions and occurrences, and (2)
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there are commons questions of law or fact. Fed. R. Civ. P. 20(a)(2); Coughlin v. Rogers, 130 F.3d
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1348, 1351 (9th Cir. 1997); Desert Empire Bank v. Insurance Co. of North America, 623 F.3d 1371,
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1375 (9th Cir. 1980).
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The claims Plaintiff attempted to bring in this action do not conform with the requirements
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of Federal Rules of Civil Procedure 18 and 20, therefore they could not proceed in a single action.
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Plaintiff informed the Court which of the claims he wished to proceed on in this action. The
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remaining claims and defendants were appropriately dismissed, without prejudice, so Plaintiff could
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raise them in a new action. According, Plaintiff’s motion for reconsideration, filed December 14,
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2011, is HEREBY DENIED.
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IT IS SO ORDERED.
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Dated:
b9ed48
December 15, 2011
/s/ Lawrence J. O'Neill
UNITED STATES DISTRICT JUDGE
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