Mix v. King et al

Filing 1

COPY of ORDER Severing Claims of Robert Mix and Directing Clerk's Office to Open New Action for Robert Mix Filed in Case 1:15-cv-0440-LJO-MJS, signed by Magistrate Judge Michael J. Seng on 5/11/15. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ORDER SEVERING CLAIMS OF
ROBERT MIX AND DIRECTING
CLERK’S OFFICE TO OPEN NEW
ACTION FOR ROBERT MIX

Plaintiffs,

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v.

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Case No. 1:15-cv-00440-LJO-MJS (PC)

JACK CALVIN MATEER, et al.,

AUDREY KING, et al.,

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(ECF No. 14)

Defendants.

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Plaintiffs Jack Mateer and Robert Mix are civil detainees proceeding pro se in

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this civil rights action brought pursuant to 42 U.S.C. § 1983. The complaint purports to
proceed on behalf of both Mateer and Mix and is signed by both.
I.

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

23(a)(4); Simon v. Hartford Life, Inc., 546 F.3d 661, 664–65 (9th Cir. 2008).
Courts have broad discretion regarding the permissive joinder of parties. Fed. R.
Civ. P. 20, 21; see Coleman v. Quaker Oats Co., 232 F.3d 1271, 1296-97 (9th Cir.
2000); Maddox v. County of Sacramento, No. 2:06-cv-0072-GEB-EFB, 2006 WL
3201078, *2 (E.D. Cal. Nov. 6, 2006). The need for co-plaintiffs to agree upon and sign
all filings becomes impossibly burdensome where, as here, the proposed co-plaintiffs
are civilly detained.
Accordingly, Plaintiffs Mateer and Mix shall each proceed separately on their
claims. Mix’s claims shall be severed, and a new action shall be opened for his claims.
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1 Gaffney v. Riverboat Serv. of Indiana, 451 F.3d 424, 441 (7th Cir. 2006). Mateer shall
2 proceed as the sole Plaintiff in this action. Each plaintiff shall be solely responsible for
3 prosecuting his own action.
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ORDER

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

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1.

Plaintiff Mateer shall proceed as the sole plaintiff in case number 1:15-cv00440-LJO-MJS (PC);

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2.

The claims of Robert Mix are severed from the claims of Plaintiff Mateer;

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3.

The Clerk of the Court is directed to:
a.

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Open a separate § 1983 civil rights action for Robert Mix, 1570-1,

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Coalinga State Hospital (5003), PO Box 5003, Coalinga, CA 93210-

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5003;
b.

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Assign the new action to the Magistrate Judge and District Judge to
whom the instant case is assigned;

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c.

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

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d.

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Place a copy of the first amended complaint (ECF No. 14), as well

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as Mr. Mix’s application to proceed in forma pauperis (ECF No. 8)

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and the order granting that request (ECF No.10) in the new action

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opened for Robert Mix;
e.

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

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IT IS SO ORDERED.
Dated:

May 11, 2015

/s/

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Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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