Wilson v. King et al

Filing 4

ORDER Severing Claims Of Stephen Wilson, And Directing Clerk's Office To Open New Action For Stephen Wilson (ECF No. 1 ), signed by Magistrate Judge Michael J. Seng on 2/10/2015. (Fahrney, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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HOWARD SIPE, et al.,
Plaintiffs,

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v.

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AUDREY KING, et al.,

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Case No. 1:14-cv-02016-LJO-MJS (PC)
ORDER SEVERING CLAIMS OF
STEPHEN WILSON, AND DIRECTING
CLERK’S OFFICE TO OPEN NEW
ACTION FOR STEPHEN WILSON
(ECF No. 1)

Defendants.

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Plaintiffs Howard Sipe and Stephen Wilson are civil detainees proceeding pro se

23 in this civil rights action brought pursuant to 42 U.S.C. § 1983. The complaint purports
24 to proceed on behalf of both Sipe and Wilson and is signed by both.
25 I.

SEVERANCE OF CLAIMS

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Plaintiffs’ allegations do not provide a basis for a class action. Fed. R. Civ. P.

27 23(a)(4); Simon v. Hartford Life, Inc., 546 F.3d 661, 664–65 (9th Cir. 2008).
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Courts have broad discretion regarding the permissive joinder of parties. Fed. R.
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1 Civ. P. 20, 21; see Coleman v. Quaker Oats Co., 232 F.3d 1271, 1296-97 (9th Cir.
2 2000); Maddox v. County of Sacramento, No. 2:06-cv-0072-GEB-EFB, 2006 WL
3 3201078, *2 (E.D. Cal. Nov. 6, 2006). The need for co-plaintiffs to agree upon and sign
4 all filings becomes impossibly burdensome where, as here, the proposed co-plaintiffs
5 are civilly detained.
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Accordingly, Plaintiffs Sipe and Wilson shall each proceed separately on their

7 claims. Wilson’s claims shall be severed, and a new action shall be opened for his
8 claims. Gaffney v. Riverboat Serv. of Indiana, 451 F.3d 424, 441 (7th Cir. 2006). Sipe
9 shall proceed as the sole Plaintiff in this action. Each plaintiff shall be solely responsible
10 for prosecuting his own action.
11 II.

ORDER

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

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1.

02016-LJO-MJS (PC);

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2.

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The claims of Stephen Wilson are severed from the claims of Plaintiff
Sipe;

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Plaintiff Sipe shall proceed as the sole plaintiff in case number 1:14-cv-

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The Clerk of the Court is directed to:
a.

Open a separate § 1983 civil rights action for Stephen Wilson,

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CO-408-5, Coalinga State Hospital (5003), PO Box 5003, Coalinga,

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CA 93210-5003;

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b.

Assign the new action to the Magistrate Judge and District Judge to

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whom the instant case is assigned and make appropriate

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adjustment in the assignment of civil cases to compensate for such

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assignment;

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c.

Stephen Wilson;

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File and docket a copy of this Order in the new action opened for

d.

Place a copy of the complaint (ECF No. 1), Exhibits (ECF No. 2),
and Motion to Proceed in Forma Pauperis (ECF No. 8) in the new
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action opened for Stephen Wilson;

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e.

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Send Stephen Wilson a copy of this order, bearing the case
number assigned to his own individual action.

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IT IS SO ORDERED.
Dated:

February 10, 2015

/s/

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Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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