Schroeder v. Lantz et al

Filing 15

ORDER STRIKING 8 First Amendment to Complaint; ORDER STRIKING 10 Second Amendment to Complaint; ORDER STRIKING 9 and 11 Plaintiff's Motions for Timely Hearing and Immediate Decision; and ORDER DENYING 12 Plaintiff's Motion to Add Certain Defendants and Claims signed by Magistrate Judge Gerald B. Cohn on 11/1/2010. First Amended Complaint due by 12/6/2010. (Jessen, A)

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(PC) Schroeder v. Lantz et al Doc. 15 1 2 3 4 5 6 7 EASTERN DISTRICT OF CALIFORNIA 8 9 10 11 12 13 14 15 16 17 18 I. 19 On December 28, 2009, Plaintiff Alvin J. Schroeder, a state prisoner proceeding pro se, filed 20 this civil rights action pursuant to 42 U.S.C. 1983. On April 21, 2010, Plaintiff filed an incomplete 21 amendment which sought to add a new count and two additional defendants. On May 7, 2010, 22 Plaintiff filed a motion requesting a timely hearing. On May 24, 2010, Plaintiff filed another 23 amendment which sought to add an additional defendant. On June 7, 2010, Plaintiff filed a motion 24 for immediate decision. Lastly, on August 25, 2010, Plaintiff filed a motion to add as defendants 25 Dr. Green, Dr. Rahimi and Correctional Officer Catlett and add additional unrelated claims 26 associated with these individuals. 27 28 1 Dockets.Justia.com UNITED STATES DISTRICT COURT ALVIN J. SCHROEDER, Plaintiff, v. JAMES A. YATES, et al., Defendants. CASE NO. 1:09-cv-02236-AWI-GBC PC ORDER STRIKING FIRST AMENDMENT TO COMPLAINT (Doc. 8) ORDER STRIKING SECOND AMENDMENT TO COMPLAINT (Doc. 10) ORDER STRIKING MOTIONS FOR TIMELY HEARING AND IMMEDIATE DECISION. (Docs. 9, 11) ORDER DENYING MOTION TO ADD CERTAIN DEFENDANTS AND CLAIMS / (Doc. 12) Procedural History 1 2 3 4 5 6 II. Amendments Not in Compliance with Local Rule 220 According to Local Rule 220: [E]very pleading to which an amendment or supplement is permitted as a matter of right or has been allowed by court order shall be retyped and filed so that it is complete in itself without reference to the prior or superseded pleading. No pleading shall be deemed amended or supplemented until this Rule has been complied with. All changed pleadings shall contain copies of all exhibits referred to in the changed pleading. Local Rule 220. Plaintiff's amendments are not complete without necessitating reference to prior 7 pleadings. Accordingly, Plaintiff's first and second amendments are HEREBY STRICKEN from 8 the record, and within thirty (30) days from the date of service of this order, Plaintiff may file a first 9 amended complaint which complies with the abovementioned Local Rule 220. 10 III. 11 As mentioned in the first informational order to the Plaintiff, this case will be addressed "in 12 due course" and all pretrial motions will be submitted without a hearing pursuant to Local Rule 13 230(l). Therefore, Plaintiff's motions for a timely hearing and immediate decision are HEREBY 14 STRICKEN from the record. 15 IV. 16 Under Rule 18 of the Federal Rules of Civil Procedure, Plaintiff may not pursue multiple, 17 unrelated claims and parties in this action. As the Seventh Circuit observed in George v. Smith: 18 19 20 21 22 23 George v. Smith, 507 F.3d 605, 607 (7th Cir. 2007). Since Plaintiff's request to add Dr. Green, Dr. 24 Rahimi and Correctional Officer Catlett as defendants requires adding unrelated claims, Plaintiff's 25 request is HEREBY DENIED. 26 /// 27 /// 28 2 The controlling principle appears in Fed. R. Civ. P. 18(a): `A party asserting a claim to relief as an original claim, counterclaim, cross-claim, or third-party claim, may join, either as independent or as alternate claims, as many claims, legal, equitable, or maritime, as the party has against an opposing party.' Unrelated claims against different defendants belong in different suits, not only to prevent the sort of morass [a multiple claim, multiple defendant] suit produce[s], but also to ensure that prisoners pay the required filing fees-for the Prison Litigation Reform Act limits to 3 the number of frivolous suits or appeals that any prisoner may file without prepayment of the required fees. 28 U.S.C. 1915(g). Application of Rule 18 to Multiple, Unrelated Claims and Parties Motions for Immediate Decision and Timely Hearing 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 V. Conclusion Based on the foregoing, IT IS HEREBY ORDERED that: 1. Plaintiff's first and second amendments are HEREBY STRICKEN from the record, and within thirty (30) days from the date of service of this order, Plaintiff may file a first amended complaint which complies with Local Rule 220; 2. Plaintiff's motions for a timely hearing and immediate decision are HEREBY STRICKEN from the record. 3. Plaintiff's request to add unrelated claims through adding Dr. Green, Dr. Rahimi and Correctional Officer Catlett as defendants is HEREBY DENIED.IT IS SO ORDERED. November 1, 2010 UNITED STATES MAGISTRATE JUDGE 612e7dDated: 3

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