Gross et al v. Hartley et al
Filing
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ORDER Severing Plaintiffs' Claims and DIRECTING Clerk's Office to Open New Actions for Plainitff Belmont, signed by Magistrate Judge Gerald B. Cohn on 06/20/2012.(Martin-Gill, S)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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JAMES GROSS, et al.,
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Plaintiffs,
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CASE NO. 1:12-cv-00780-LJO-GBC (PC)
ORDER SEVERING PLAINTIFFS’ CLAIMS
AND DIRECTING CLERK’S OFFICE TO
OPEN NEW ACTIONS FOR PLAINTIFF
BELMONT
v.
SANTANA BELMONT, et al.,
(Doc. 1)
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Defendants.
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/
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I.
Procedural History
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Plaintiff James Gross and Santana Belmont (“Plaintiffs”) are state prisoners proceeding pro
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se in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiffs filed their jointly signed
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complaint on April 30, 2012. Doc. 1.
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II.
Severance
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After reviewing the complaint, the Court has determined that each plaintiff should proceed
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separately on his own claims. Rule 21 of the Federal Rules of Civil Procedure provides that
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“[p]arties may be dropped or added by order of the court on motion of any party or of its own
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initiative at any stage of the action and on such terms as are just,” and “[a]ny claim against a party
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may be severed and proceeded with separately.” Courts have broad discretion regarding severance.
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See Coleman v. Quaker Oats Co., 232 F.3d 1271, 1297 (9th Cir. 2000); Maddox v. County of
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Sacramento, No. 2:06-cv-0072-GEB-EFB, 2006 WL 3201078, *2 (E.D.Cal. Nov. 6, 2006).
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Plaintiffs are currently incarcerated at Avenal State Prison. In the Court’s experience, an
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action brought by multiple incarcerated plaintiffs proceeding pro se where there is a possibility that
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plaintiffs could be transferred to separate prisons, presents procedural problems that cause delay and
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confusion. Further, the need for all plaintiffs to agree on all filings made in this action, and the need
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for all filings to contain the original signatures of all plaintiffs will lead to delay and confusion.
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Therefore, plaintiffs’ claims shall be severed, plaintiff Gross shall proceed as the sole
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plaintiff in this action, and a new action shall be opened for plaintiff Belmont. Gaffney v. Riverboat
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Serv. of Indiana, 451 F.3d 424, 441 (7th Cir. 2006). Each plaintiff shall be solely responsible for
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prosecuting his own action.
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III.
Order
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Based on the foregoing, it is HEREBY ORDERED that:
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1.
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Plaintiff Gross shall
proceed as the sole plaintiff in case number
1:12-cv-00780-LJO-GBC;
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2.
The claims of Plaintiff Belmont are severed from the claims of Plaintiff Gross; and
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3.
The Clerk of the Court is directed to:
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a.
Open a separate civil action for Plaintiff Belmont;
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b.
Assign the new action to the magistrate judge to whom the instant case is
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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.
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File and docket a copy of this order in the new action opened for Plaintiff
Belmont;
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d.
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Place a copy of the complaint filed on April 30, 2012, in the instant action in
the new actions opened for Plaintiff Belmont; and
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///
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///
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e.
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Send Plaintiff Belmont an endorsed copy of the complaint, filed April 30,
2012, bearing the case number assigned to his own individual action.
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IT IS SO ORDERED.
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Dated:
0jh02o
June 20, 2012
UNITED STATES MAGISTRATE JUDGE
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