Leonel Guzman v. Dickinson et al
Filing
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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)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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JORGE ORNELAS, et al.,
CASE NO.
1:12-cv-499-MJS (PC)
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Plaintiffs,
ORDER SEVERING PLAINTIFFS’ CLAIMS
AND DIRECTING CLERK TO OPEN NEW
CASES FOR PLAINTIFFS GONZALES,
BRAY, ALVAREZ, AND GUZMAN
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v.
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KATHLEEN DICKINSON, et al.,
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(ECF No. 1)
Defendants.
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I.
Severance of Plaintiffs’ Claims
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Plaintiffs Jorge Ornelas, Mario Gonzales, Anthony Bray, Vincent Alvarez, and
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Leonel Guzman are state prisoner proceeding pro se and in forma pauperis in this civil
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rights actions pursuant to 42 U.S.C. § 1983. After reviewing the record in this action, the
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Court has determined that each Plaintiff should proceed separately on his own claims.
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Rule 21 of the Federal Rules of Civil Procedure provides that “[o]n motion or on its own,
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the court may at any time, on just terms, add or drop a party. The court may also sever
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any claim against a party.” Courts have broad discretion regarding severance. See Davis
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v. Mason County, 927 F.2d 1473, 1479 (9th Cir. 1991).
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In the instant action, all five Plaintiffs are currently housed at Avenal State Prison.
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In this Court's experience, an action brought by multiple plaintiffs proceeding pro se in
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which one or more of the plaintiffs is incarcerated presents procedural problems that cause
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delay and confusion. Delay often arises from the frequent transfer of inmates to other
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facilities or institutions, the changes in address that occur when inmates are released on
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parole, and the difficulties faced by inmates who attempt to communicate with each other
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and other unincarcerated individuals. In this case, the need for the Plaintiffs to agree on
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all filings made in this action and the need for all filings to contain the original signatures
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of all five Plaintiffs will lead to delay and confusion.
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Accordingly, the Court shall order Plaintiffs’ claims severed. Plaintiff Ornelas will
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proceed in this action, while Plaintiffs Gonzales, Bray, Alvarez, and Guzman will proceed
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in separate civil actions to be opened by the Clerk of the Court. Each Plaintiff shall
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proceed separately and shall be solely responsible for his own action.
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The Clerk of the Court will be directed to assign the new actions to the same
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magistrate judge assigned to the instant action. The Clerk of the Court shall make an
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appropriate adjustment in the assignment of civil cases to compensate for this
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reassignment.
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Since the claims of Plaintiffs Gonzales, Bray, Alvarez, and Guzman will be severed,
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each shall be given thirty days to file, in his own action, an amended complaint and a
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completed application for leave to proceed in forma pauperis, using the forms provided by
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the Court with this order.
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Accordingly, based on the foregoing, it is HEREBY ORDERED that:
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1.
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499-MJS (PC);
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2.
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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;
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The Clerk of the Court is directed to:
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Open four separate civil actions for Plaintiffs Gonzales, Bray, Alvarez,
and Guzman;
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Assign the new actions to the magistrate judge to whom the instant
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case is assigned and make appropriate adjustment in the assignment of civil cases to
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compensate for such assignment;
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c.
Plaintiffs Gonzales, Bray, Alvarez, and Guzman;
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File and docket a copy of this order in the new actions opened for
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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;
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e.
Send Plaintiffs Gonzales, Bray, Alvarez, and Guzman each an
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endorsed copy of the Complaint, filed April 6, 2012, bearing the case number assigned to
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his own individual action;
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f.
rights complaint form; and
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Send Plaintiffs Gonzales, Bray, Alvarez, and Guzman each a civil
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Send Plaintiffs Gonzales, Bray, Alvarez, and Guzman each an
application to proceed in forma pauperis by a prisoner;
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4.
Within thirty (30) days from the date of service of this order, Plaintiffs
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Gonzales, Bray, Alvarez, and Guzman shall each file an amended complaint bearing his
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new case number and either pay the filing fee in full or submit a completed application to
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proceed in forma pauperis bearing his new case number; and
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5.
The failure to comply with this order will result in a recommendation that the
action be dismissed.
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IT IS SO ORDERED.
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Dated:
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May 1, 2012
Michael J. Seng
/s/
UNITED STATES MAGISTRATE JUDGE
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