Baker v. Cacoa et al

Filing 14

ORDER SEVERING Unrelated Claims; DIRECTING Clerk to Assign a Separate Case Number, signed by Magistrate Judge Barbara A. McAuliffe on 11/15/16. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MIKE BAKER,

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Plaintiff,

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v.

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S. CACOA, et al.,

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Defendants.

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Case No.: 1:15-cv-00693-AWI-BAM (PC)
ORDER SEVERING UNRELATED CLAIMS
DIRECTING CLERK TO ASSIGN A SEPARATE
CASE NUMBER
(ECF No. 1)

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Plaintiff Mike Baker (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis in

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this civil rights action pursuant to 42 U.S.C. § 1983. This matter was referred to a United States

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Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

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Plaintiff filed a complaint commencing this action on May 6, 2015. (ECF No. 1.) On

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December 29, 2015, Plaintiff was also granted relief from the e-service procedures and allowed three

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(3) extra pages to be added to his complaint. (ECF No. 11.) Plaintiff’s May 6, 2015 complaint is

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currently before the Court for screening.

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Federal Rules of Civil Procedure 18 and 20

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In screening Plaintiff’s complaint, the Court notes at the outset that Plaintiff alleges multiple

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claims against multiple parties that are largely unrelated.

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Plaintiff may not bring unrelated claims against unrelated parties in a single action. Fed. R.

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Civ. P. 18(a), 20(a)(2); Owens v. Hinsley, 635 F.3d 950, 952 (7th Cir. 2011); George v. Smith, 507

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F.3d 605, 607 (7th Cir. 2007). Plaintiff may bring a claim against multiple defendants so long as (1)

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the claim arises out of the same transaction or occurrence, or series of transactions and occurrences,

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and (2) there are commons questions of law or fact. Fed. R. Civ. P. 20(a)(2); Coughlin v. Rogers, 130

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F.3d 1348, 1351 (9th Cir. 1997). The “same transaction” requirement refers to similarity in the factual

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background of a claim. Id. at 1349. Only if the defendants are properly joined under Rule 20(a) will

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the Court review the other claims to determine if they may be joined under Rule 18(a), which permits

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the joinder of multiple claims against the same party.

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In this case, Plaintiff attempts to bring over a dozen causes of action against seventeen

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different defendants, on matters ranging from retaliation, to deliberate indifferent to medical needs, to

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property deprivation, and a range of other issues over a one-year period. Plaintiff may not pursue all of

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these claims in a single suit. Unrelated claims against different defendants belong in different suits, not

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only to prevent the sort of morass a multiple claim, multiple defendant suit produces, but also to

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ensure that prisoners pay the required filing fees for each lawsuit. 28 U.S.C. § 1915(g).

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Severance of Claims

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Generally, if the Court determines during screening that Plaintiff’s complaint sets forth

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unrelated claims, it recommends dismissal of those claims that are improperly joined. However, the

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Court does not find this course of action to be appropriate in the circumstances of this case.

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The Ninth Circuit has advised district courts to conduct a prejudice analysis when

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dismissing—rather than severing—claims or defendants based misjoinder. Rush v. Sport Chalet, 779

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F.3d 973, 975 (9th Cir. 2015). The Ninth Circuit specifically noted that a district court should consider

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“‘loss of otherwise timely claims if new suits are blocked by statutes of limitations.’” Rush, 779 at 975

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(quoting DirectTV, Inc. v. Leto, 467 F.3d 842, 846–47 (3rd Cir. 2006)).

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No statute of limitations is set out in 42 U.S.C § 1983. Instead, California’s two year statute of

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limitations on personal injury claims applies. Cal. Code Civ. Proc. § 335.1. Jones v. Blanas, 393 F.3d

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918, 927 (9th Cir. 2004); Canatella v. Van De Kamp, 486 F.3d 1128, 1132 (9th Cir. 2007); Maldonado

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v. Harris, 370 F.3d 945, 954 (9th Cir. 2004). Under federal law, a civil rights claim like this accrues
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when plaintiff knows or has reason to know of the injury giving rise to the claim. Olsen v. Idaho State

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Bd. Of Med., 363 F.3d 916, 926 (9th Cir. 2004).
In some circumstances equitable tolling may preserve a claim that is otherwise barred by the

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statute of limitations by extending or suspending the accrual of the limitations period. Jones v. Blanas,

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393 F.3d 918, 928 (9th Cir. 2004) (quoting Lantzy v. Centex Homes, 31 Cal. 4th 363, 370, 2 Cal. Rptr.

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3d 655, 73 P.3d 517 (2003)). In determining whether a civil rights claim is time-barred, federal courts

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apply the forum state’s equitable tolling provisions to the extent they are not inconsistent with federal

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law. Dawkins v. Woodford, No. 09-cv-1053-JLS-POR, 2012 WL 554371, at *4 (S.D. Cal. Feb. 21,

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2012);see also Fink v. Shedler, 192 F.3d 911, 916 (9th Cir. 1999). In California, equitable tolling

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applies in limited circumstances to prevent “unjust technical forfeiture” of certain claims. Provencio v.

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Vazquez, No. 1:07-cv-0069-AWI-TAG, 2008 WL 3982063, at *6 (E.D. Cal. Aug. 18, 2008).
However, a party cannot deduct the time consumed by the pendency of an action if it was later

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dismissed without prejudice. Thomas v. Gilliland, 95 Cal. App. 4th 427, 433, 115 Cal. Rptr. 2d 520

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(2002) (quoting Wood v. Elling Corp., 20 Cal.3d 353, 359, 142 Cal. Rptr. 696, 572 P.2d 755 (1977).

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When an action is dismissed without prejudice, courts restore the applicable statute of limitations “as

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if no action had been brought.” Wood. 20 Cal.3d at 359, 142 Cal. Rptr. 696, 572 P.2d 755.

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Plaintiff would likely be unable to file a new action based on the running of the statute of

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limitations if the Court were to recommend dismissal of his unrelated claims. The Ninth Circuit’s

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direction in Rush clearly instructs that this Court should avoid dismissal of otherwise potentially

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meritorious claims outside of the limitations period. 779 F.3d at 975. This Court will therefore sever

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Plaintiff’s claims and assign new case numbers, rather than recommending dismissal of the claims and

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defendants which are not properly joined in this action.
The Court will issue a separate order in each case concerning the substantive screening of

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Plaintiff’s claims, as appropriate.

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Conclusion and Order

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Based on the foregoing, IT IS HEREBY ORDERED that:

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1.

The Clerk of the Court is directed to assign a separate case number to an action

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concerning Plaintiff’s claims against Defendants E. Beam, Vogel, Cuevas, T. Caldwell, Huerta, R.

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Cervantes, Benevidas, D. Goree, J. Diaz, K. Cribbs, A. Pacillas, E.G. Jarvis, M. Sexton, and Davis,

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and claims of retaliation against Defendants L. Vasquez and Ponce De Leon;

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2.

The Clerk of the Court shall relate that new case with this case, and shall assign the

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new case to the docket of District Judge Anthony W. Ishii and Magistrate Judge Barbara A.

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McAuliffe;

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3.

This action shall proceed on Plaintiffs claims against Defendants S. Cacoa, Guizar,

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Seng, Jane Doe, L. Vasquez, and Ponce De Leon (except for the retaliation allegations identified

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above). A separate order will issue concurrently with this order concerning the Court’s screening of

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these claims, pursuant to 28 U.S.C. § 1915A(a);

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The Clerk of the Court is directed to issue and serve by mail new case documents to

Plaintiff indicating the newly assigned case number;
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The Clerk of the Court is directed to file a copy of Plaintiff's complaint filed on May 6,

2015 (Doc. 1), and a copy of this order in the newly created case;
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As to the newly created case, Plaintiff will be required to file a $400.00 filing fee or file

a motion for leave to proceed in forma pauperis; and,
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Plaintiff is warned that a failure to either pay the filing fee or file a motion for leave to

proceed in forma pauperis will result in dismissal of the new case.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

November 15, 2016

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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