Leonel Guzman v. Dickinson et al

Filing 2

ORDER SEVERING Plaintiffs' Claims and DIRECTING Clerk to Open New Cases for Plaintiffs Gonzales, Bray, Alvarez and Guzman, signed by Magistrate Judge Michael J. Seng on 05/01/2012.(30) Day Deadline to file Amended Complaint); Copy of complaint with individual case number for Plaintiff: Leonel Guzman forwarded via USPS (Attachments: # 1 AMENDED COMPLAINT FORM, # 2 IFP APPLICATION - PRISONER)(Martin-Gill, S)

1
2
3
4
5
6
7

UNITED STATES DISTRICT COURT

8

EASTERN DISTRICT OF CALIFORNIA

9
JORGE ORNELAS, et al.,

CASE NO.

1:12-cv-499-MJS (PC)

10
Plaintiffs,

ORDER SEVERING PLAINTIFFS’ CLAIMS
AND DIRECTING CLERK TO OPEN NEW
CASES FOR PLAINTIFFS GONZALES,
BRAY, ALVAREZ, AND GUZMAN

11
v.
12
KATHLEEN DICKINSON, et al.,
13

(ECF No. 1)
Defendants.

14
/
15
16

I.

Severance of Plaintiffs’ Claims

17

Plaintiffs Jorge Ornelas, Mario Gonzales, Anthony Bray, Vincent Alvarez, and

18

Leonel Guzman are state prisoner proceeding pro se and in forma pauperis in this civil

19

rights actions pursuant to 42 U.S.C. § 1983. After reviewing the record in this action, the

20

Court has determined that each Plaintiff should proceed separately on his own claims.

21

Rule 21 of the Federal Rules of Civil Procedure provides that “[o]n motion or on its own,

22

the court may at any time, on just terms, add or drop a party. The court may also sever

23

any claim against a party.” Courts have broad discretion regarding severance. See Davis

24

v. Mason County, 927 F.2d 1473, 1479 (9th Cir. 1991).

25

In the instant action, all five Plaintiffs are currently housed at Avenal State Prison.

26

In this Court's experience, an action brought by multiple plaintiffs proceeding pro se in

27

which one or more of the plaintiffs is incarcerated presents procedural problems that cause

28

delay and confusion. Delay often arises from the frequent transfer of inmates to other

1

facilities or institutions, the changes in address that occur when inmates are released on

2

parole, and the difficulties faced by inmates who attempt to communicate with each other

3

and other unincarcerated individuals. In this case, the need for the Plaintiffs to agree on

4

all filings made in this action and the need for all filings to contain the original signatures

5

of all five Plaintiffs will lead to delay and confusion.

6

Accordingly, the Court shall order Plaintiffs’ claims severed. Plaintiff Ornelas will

7

proceed in this action, while Plaintiffs Gonzales, Bray, Alvarez, and Guzman will proceed

8

in separate civil actions to be opened by the Clerk of the Court. Each Plaintiff shall

9

proceed separately and shall be solely responsible for his own action.

10

The Clerk of the Court will be directed to assign the new actions to the same

11

magistrate judge assigned to the instant action. The Clerk of the Court shall make an

12

appropriate adjustment in the assignment of civil cases to compensate for this

13

reassignment.

14

Since the claims of Plaintiffs Gonzales, Bray, Alvarez, and Guzman will be severed,

15

each shall be given thirty days to file, in his own action, an amended complaint and a

16

completed application for leave to proceed in forma pauperis, using the forms provided by

17

the Court with this order.

18

Accordingly, based on the foregoing, it is HEREBY ORDERED that:

19

1.

20

499-MJS (PC);

21

2.

22
23
24
25
26

Plaintiff Ornelas shall proceed as the sole plaintiff in case number 1:12-cv-

The claims of Plaintiffs Gonzales, Bray, Alvarez, and Guzman are severed

from the claims of Plaintiff Ornelas;
3.

The Clerk of the Court is directed to:
a.

Open four separate civil actions for Plaintiffs Gonzales, Bray, Alvarez,

and Guzman;
b.

Assign the new actions to the magistrate judge to whom the instant

27

case is assigned and make appropriate adjustment in the assignment of civil cases to

28

compensate for such assignment;
-2-

1
2

c.

Plaintiffs Gonzales, Bray, Alvarez, and Guzman;

3
4

File and docket a copy of this order in the new actions opened for

d.

Place a copy of the Complaint filed on April 6, 2012 in the instant

action in the new actions opened for Plaintiffs Gonzales, Bray, Alvarez, and Guzman;

5

e.

Send Plaintiffs Gonzales, Bray, Alvarez, and Guzman each an

6

endorsed copy of the Complaint, filed April 6, 2012, bearing the case number assigned to

7

his own individual action;

8
9

f.

rights complaint form; and

10
11

Send Plaintiffs Gonzales, Bray, Alvarez, and Guzman each a civil

g.

Send Plaintiffs Gonzales, Bray, Alvarez, and Guzman each an

application to proceed in forma pauperis by a prisoner;

12

4.

Within thirty (30) days from the date of service of this order, Plaintiffs

13

Gonzales, Bray, Alvarez, and Guzman shall each file an amended complaint bearing his

14

new case number and either pay the filing fee in full or submit a completed application to

15

proceed in forma pauperis bearing his new case number; and

16
17

5.

The failure to comply with this order will result in a recommendation that the

action be dismissed.

18
19
20
21

IT IS SO ORDERED.

22

Dated:
ci4d6

May 1, 2012

Michael J. Seng

/s/
UNITED STATES MAGISTRATE JUDGE

23
24
25
26
27
28
-3-