(PC) Green v. Cisneros et al

Filing 9

ORDER DENYING Plaintiff's 7 Motion for Permissive Joinder signed by Magistrate Judge Helena M. Barch-Kuchta on 11/19/2022. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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HALIKI GREEN, JR.,

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Plaintiff,

Case No. 1:22-cv-01072-ADA-HBK (PC)
ORDER DENYING PLAINITFF'S MOTION
FOR PERMISSIVE JOINDER

v.
(Doc. No. 7)
THERESA CISNEROS, ET. AL.,
Defendants.

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Pending before the Court is Plaintiff Hailiki Green, Jr’s pleading titled “Notice to Clerk of

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Parties to Complaint Not Reflected in Court’s Document Titled: First Informational Order in

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Prisoner/Civil Detainee Civil Rights Case filed 8/26/2022; Request for Correction” construed as a

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motion for permissive joinder filed on September 23, 2022. (Doc. No. 7). Plaintiff, who is

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confined at the California Substance Abuse Treatment Facility (“CSATF”), initiated this action

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by filing a civil rights complaint under 42 U.S.C. § 1983 raising six claims for relief. (See

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generally Doc. No. 1). The Complaint alleges the California Department of Corrections and

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Rehabilitation systemically disfavors Muslim prisoners and their spiritual needs violating the First

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and Fourteenth Amendments, the Religious Land Use and Institutionalized Persons Act, and

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California Constitution Article I § 4. (Id. at 4).

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Plaintiff notes the Clerk of Court identified the named defendants on the docket but did
not correctly identify “et. al.” for the Plaintiffs. (Doc. No. 7 at 1-2). In other words, Green

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clarifies that more than one Plaintiff seeks to proceed in this action and requests the docket be

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corrected to reflect same. (Id.). A review of the Complaint confirms it identifies “Hailiki Green,

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Jr., Joe Alfred-Taylor, and et. al.” as Plaintiffs. (See Doc. No. 1 at 1). Both Plaintiffs signed the

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Complaint. (Id. at 23).

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Federal Rule of Civil Procedure 20(a) permits the joinder of plaintiffs in one action if: (1)

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the plaintiffs assert any right to relief arising out of the same transaction, occurrence, or series of

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transactions or occurrences; and (2) there are common questions of law or fact. If the test for

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permissive joinder is not satisfied, a Court, in its discretion, may sever the misjoined parties, so

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long as no substantial right will be prejudiced by the severance.” Coughlin v. Rogers, 130 F.3d

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1348, 1350 (9th Cir. 1997) (internal citations omitted); see Fed. R. Civ. P. 21 (“Misjoinder of

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parties is not a ground for dismissing an action. On motion or on its own, the Court may at any

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time, on just terms, add or drop a party. The Court may also sever any claim against a party.”).

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Plaintiff’s construed motion for permissive joinder must be denied. First, a non-lawyer

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has no authority to appear for others than himself. Johns v. County of San Diego, 114 F.3d 874,

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877 (9th Cir. 1997) (quoting C.E. Pope Equity Tr. v. United States, 818 F.2d 696, 697 (9th Cir.

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1987)). Thus, Plaintiff Green cannot represent any other plaintiff inmates in this action. Further,

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actions brought by multiple prisoners proceeding pro se present unique problems not presented by

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ordinary civil litigation. For example, transfer of one or more plaintiffs to different institutions or

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release on parole, as well as the challenges to communication among plaintiffs presented by

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confinement, may cause delay and confusion. Further, the interplay of the filing fee provisions in

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the Prison Litigation Reform Act of 1995 (“PLRA”) suggests that prisoners may not bring a

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multi-plaintiff action and must instead proceed separately. To proceed with a civil action, each

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plaintiff must pay the $400 filing fee required by 28 U.S.C. § 1914(a) or request leave to proceed

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in forma pauperis and submit the affidavit and trust account statement required by 28 U.S.C. §

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1915(a). The PLRA expressly requires that a prisoner, where proceeding in forma pauperis, pay

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the full amount of the filing fee. 28 U.S.C. § 1915(b)(1). This provision reflected Congress’s

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intent to reduce the volume of frivolous prisoner litigation in the federal courts. Hubbard v.

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Haley, 262 F.3d 1194, 1196-97 (11th Cir. 2001); see also Oliver v. Keller, 289 F.3d 623, 627-28
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(9th Cir. 2002). In order not to undermine the PLRA’s deterrent purpose, courts have agreed that

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prisoner-plaintiffs who proceed together in one action must each pay the full filing fee. See

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Boriboune v. Berge, 391 F.3d 852, 855-56 (7th Cir. 2004); Hubbard, 262 F.3d at 1197-98.

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However, 28 U.S.C. § 1915(b)(3) provides that “in no event shall the filing fee collected exceed

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the amount of fees permitted by statute for the commencement of a civil action.” If multiple

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prisoners were allowed to proceed in the same action and each were required to pay the full filing

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fee as mandated by § 1915(b)(1) and intended by Congress, the amount of fees collected would

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exceed the amount permitted by statute for commencement of the action in violation of §

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1915(b)(3).

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To avoid the problems related to case-management and filing fees, the Court denies

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permissive joinder of Joe Alfred-Taylor, et. al., as co-plaintiffs in this action. Each inmate

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plaintiff may proceed with their own claims in separate actions. See DirecTV, Inc. v. Leto, 467

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F.3d 842, 846 (3d Cir. 2006) (claims that are severed rather than dismissed may continue in a

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separate suit to avoid statute of limitations barrier that might arise in event of dismissal). The

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Court can then consolidate the cases for procedural purposes and judicial efficiency if the Court

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deems it appropriate. A screening order will issue in due course on the Complaint filed in this

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action.

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Accordingly, it is ORDERED:

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Plaintiff’s construed motion for permissive joinder (Doc. No. 7) is DENIED.

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Dated:

November 19, 2022
HELENA M. BARCH-KUCHTA
UNITED STATES MAGISTRATE JUDGE

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