Dews v. State Water System I.D. #1510802, et al.

Filing 13

ORDER Denying Motions to Join as Co-Plaintiffs 9 , 10 and Directing Clerk's Office to Serve Courtesy Copy of Order on Inmates Walker and Adderley, signed by Magistrate Judge Sheila K. Oberto on 12/28/12. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CLARENCE LEON DEWS,

CASE NO. 1:12-cv-01398-AWI-SKO PC

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Plaintiff,

ORDER DENYING MOTIONS TO JOIN AS
CO-PLAINTIFFS AND DIRECTING CLERK’S
OFFICE TO SERVE COURTESY COPY OF
ORDER ON INMATES WALKER AND
ADDERLEY

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v.
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STATE WATER SYSTEM
I.D. #1510802, et al.,

(Docs. 9 and 10)
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Defendants.
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Plaintiff Clarence Leon Dews, a state prisoner proceeding pro se and in forma pauperis, filed

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this civil rights action pursuant to 42 U.S.C. § 1983 on August 17, 2012. On November 19, 2012,

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inmates Donald Walker and Du’Kwan Adderley filed motions seeking to join in this action as co-

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plaintiffs.

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Plaintiff Dews is proceeding pro se and he may not represent the interests of any other

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inmates in this action. Simon v. Hartford Life, Inc., 546 F.3d 661, 664-65 (9th Cir. 2008); Fymbo

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v. State Farm Fire & Casualty Co., 213 F.3d 1320, 1321 (10th Cir. 2000); Johns v. County of San

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Diego, 114 F.3d 874, 876 (9th Cir. 1997); C. E. Pope Equity Trust v. United States, 818 F.2d 696,

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697 (9th Cir. 1987).

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Further, the Court will not permit inmates Walker and Adderley to join as co-plaintiffs

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proceeding pro se. Courts have broad discretion regarding the permissive joinder of parties. Fed.

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R. Civ. P. 20, 21; see Coleman v. Quaker Oats Co., 232 F.3d 1271, 1296-97 (9th Cir. 2000); Maddox

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v. County of Sacramento, No. 2:06-cv-0072-GEB-EFB, 2006 WL 3201078, *2 (E.D.Cal. Nov. 6,

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2006). The need for all co-plaintiffs to agree upon and sign all filings becomes almost impossibly

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burdensome where the plaintiffs are incarcerated and it may become impossible if the plaintiffs can

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no longer verbally communicate with one another as a result of transfer to different prisons or even
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transfer to different yards within a single prison.1 Indeed, although inmates Walker and Adderley

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each filed a motion, Plaintiff Dews did not sign either motion.

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Due to the significant and sometimes insurmountable complications which result from

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multiple incarcerated plaintiffs proceeding pro se in the same action and because none of the inmates

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may represent the others in the action, inmates Walker and Adderley’s motions to join as co-

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plaintiffs are HEREBY ORDERED DENIED. See Campbell v. Burt, 141 F.3d 927, 931 (9th Cir.

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1998) (affirming denial of joinder motion where proposed parties did not indicate a desire to join and

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the pro se litigant plaintiff could not represent their interests in court).

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The Clerk’s Office is DIRECTED to serve a courtesy copy of this order on Donald Walker,
CDCR #G–2252, and Du’Wan Adderley, CDCR # G-63513, at Kern Valley State Prison.

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IT IS SO ORDERED.

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Dated:
ie14hj

December 28, 2012

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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Inmates may not correspond with other inmates in the absence of written authorization from the warden.
Cal. Code Regs., tit. 15, § 3139.

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