Riley v. Tallerico et al

Filing 22

ORDER DENYING Plaintiff's 21 Motion for Reconsideration, signed by Magistrate Judge Erica P. Grosjean on 02/7/17. (Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SHANNON RILEY,
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Plaintiff,
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v.

1:16-cv-01189-EPG (PC)
ORDER DENYING PLAINTIFF’S MOTION
FOR RECONSIDERATION
(ECF NO. 21)

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TALLERICO, et al.,
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Defendants.
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Shannon Riley (“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. On January 25, 2017, the Court issued a

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screening order, which dismissed Plaintiff’s Second Amended Complaint with leave to amend.

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(ECF No. 20). The Court found that the Second Amended Complaint violated Federal Rule of

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Civil Procedure 8(a) because it was too long, and alleged 13 causes of action against 17

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defendants. (Id.). Additionally, the Court found that the events alleged in the Second Amended

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Complaint did not appear to be connected, except insofar as they occurred while Plaintiff was

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incarcerated at one prison. (Id.). Instead, they appeared to be a listing of interactions with prison

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staff over time that were unsatisfactory to Plaintiff. (Id.).

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On February 6, 2017, Plaintiff filed a motion for reconsideration of the Court’s screening
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order. (ECF No. 21). Plaintiff states that his Second Amended Complaint, including the civil

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complaint form, is only 45 pages, not 47 like the Court stated. Additionally, Plaintiff argues that

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the events alleged in his First Amended Complaint are all related, apparently because “all of the

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correctional staff enter [sic] mingle [sic] within [Kern Valley State Prison’s] close nit [sic]

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community.” (Id.).

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Federal Rule of Civil Procedure 60(b) governs grounds for relief from an order:1
On motion and just terms, the court may relieve a party or its legal
representative from a final judgment, order, or proceeding for the
following reasons: (1) mistake, inadvertence, surprise, or excusable
neglect; (2) newly discovered evidence that, with reasonable
diligence, could not have been discovered in time to move for a
new trial under Rule 59(b); (3) fraud (whether previously called
intrinsic or extrinsic), misrepresentation, or misconduct by an
opposing party; (4) the judgment is void; (5) the judgment has been
satisfied, released, or discharged; it is based on an earlier judgment
that has been reversed or vacated; or applying it prospectively is no
longer equitable; or (6) any other reason that justifies relief.

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Fed. R. Civ. P. 60.

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Plaintiff has failed to show that he meets any of the above-mentioned reasons for granting

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relief from the order dismissing his Second amended Complaint. Whether the complaint is 45

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pages or 47 pages, it still violates Federal Rule of Civil Procedure 8(a).

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Plaintiff mentions that it would be difficult to include all of the constitutional violations in

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a smaller complaint.

However, as the Court instructed, Plaintiff can file multiple separate

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complaints addressing the separate claims.

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Even if Plaintiff is correct that Kern Valley State Prison is a close knit community, he still

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may not proceed on a myriad of unrelated claims against different defendants in a single action.

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Fed. R. Civ. P. 18(a), 20(a)(2). Federal Rule of Civil Procedure 20(a)(2) states: “Persons… may

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be joined in one action as defendants if: (A) any right to relief is asserted against them jointly,

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severally, or in the alternative with respect to or arising out of the same transaction, occurrence,

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or series of transactions or occurrences; and (B) any question of law or fact common to all

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Plaintiff filed his motion under Federal Rule of Civil Procedure 59(e), but no judgment has been entered in

this case.
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defendants will arise in the action.” Plaintiff does not satisfy this standard as to all 17 defendants.
Accordingly, based on the foregoing, it is ORDERED that:

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1. Plaintiff’s motion for reconsideration is DENIED; and

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2. Plaintiff has thirty (30) days from the date of service of this order to comply with
the screening order dated January 25, 2017 (ECF No. 20).

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IT IS SO ORDERED.
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Dated:

February 7, 2017

/s/
UNITED STATES MAGISTRATE JUDGE

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