Allen v. Mayberg, et al.

Filing 13

ORDER DISMISSING ACTION AS DUPLICATIVE AND ORDER DIRECTING CLERK OF COURT TOCLOSE CASE signed by Magistrate Judge Dennis L. Beck on 1/12/2009. (Figueroa, O)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 STEPHEN MAYBERG, et al., 15 Defendants. 16 17 George N. Allen, Mansfield R. Brown, Wayne P. DeBerry, and Henry C. Scott 18 ("Plaintiffs") are all confined from liberty as a result of civil commitments under California's 19 Welfare & Institution Code sections 6600 et seq. Plaintiffs are proceeding pro se in this civil 20 rights action filed pursuant to 42 U.S.C. § 1983. 21 The instant action was filed on December 4, 2008 against Stephen Mayberg and Pam 22 Ahlin as a Petition for Writ of Mandate and civil suit alleging enactment of hospital regulations 23 paying Plaintiffs unconstitutional sub-minimum wages for labor performed while confined at 24 Coalinga State Hospital. (Doc. 1.) This action was initially designated as a general civil case 25 concerning civil rights and was assigned case number 1:08-cv-01859-OWW-SMS (PC). Upon 26 further review, it was determined that this action involves civil detainees litigating the conditions 27 of confinement at a California state hospital such that the designation of the case was changed to 28 1 / v. GEORGE N. ALLEN, MANSFIELD R. BROWN, WAYNE P. DeBERRY, HENRY C. SCOTT, Plaintiffs, 1:08-cv-1859-DLB (PC) ORDER DISMISSING ACTION AS DUPLICATIVE ORDER DIRECTING CLERK OF COURT TO CLOSE CASE

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

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a prisoner civil rights action, new judges were assigned, and the case number was changed to 1:08-cv-01859-DLB. (Docs. 3 & 4.) Subsequently, all Plaintiffs consented to jurisdiction by U.S. Magistrate Judge. (Docs. 5-8.) Upon review of this case, the Court has concluded that the action submitted on December 4, 2008 involves a defendant, issues, and factual allegations that are identical to those previously raised in actions filed individually by the Plaintiffs as follows: 1:06-cv-01801-AWI-GSA 1:07-cv-00849-SMS 1:07-cv-00850-RC 1:07-cv-00897-BLW Allen v. Mayberg, et al. Brown v. Mayberg, et al. DeBerry v. Mayberg, et al. Scott v. Mayberg, et al.

"After weighing the equities of the case, the district court may exercise its discretion to dismiss a duplicative later-filed action, to stay that action pending resolution of the previously filed action, to enjoin the parties from proceeding with it, or to consolidate both actions." Adams v. California Dept. of Health Services, 487 F.3d 684, 688 (9th Cir. 2007). "Plaintiffs generally have `no right to maintain two separate actions involving the same subject matter at the same time in the same court and against the same defendant.'" Id. (quoting Walton v. Eaton Corp., 563 F.2d 66, 70 (3d Cir.1 1977)(en banc)). "[A] suit is duplicative if the claims, parties, and available relief do not significantly differ between the two actions." Id. at 689. The present action, 1:08-cv-01859-DLB, is duplicative of the Plaintiffs' prior individual suits. Plaintiffs bring the same causes of action, regarding the same issues and factual allegations, in the same court. The only significant difference is that Pam Ahlin was not named as a defendant in the Plaintiffs' previously filed lawsuits. However, Ms. Ahlin is a named defendant in the case of Chaney v. Mayberg, et al., case number 1:08-cv-1196-BLW, with which the Plaintiffs' previously filed suits, and others, are anticipated to be consolidated in the near future. Accordingly, in light of the duplicative nature of the instant action to the Plaintiffs' previously filed individual actions, the Court HEREBY ORDERS the instant action DISMISSED /// 2

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as duplicative. The Clerk of Court is DIRECTED to administratively close this action in accordance with this Order.

IT IS SO ORDERED. Dated: 3b142a

January 12, 2009

/s/ Dennis L. Beck UNITED STATES MAGISTRATE JUDGE

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