Garcia v. Roche, et al

Filing 30

ORDER signed by Senior Judge A Wallace Tashima on 8/16/11 DENYING 22 Motion for Permissive Joinder; and GRANTING 24 Motion to Amend the Complaint( Amended Complaint due within 30 days of the date of this order). (Meuleman, A)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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VICENTE MANUEL GARCIA,

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Plaintiff,

No. 2:08 CV 0006 AWT

vs.
ROCHE, et al.,

ORDER

Defendants.

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/

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1.

Plaintiff’s Motion for Permissive Joinder (Docket Entry 22) is DENIED. The

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Motion seeks to join the claims and defendants from a separate case, Garcia v. Joaquin, No. 10
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Civ. 730 (AWI) (MJS), to this case. Although both cases concern the quality of the medical care
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Garcia has received in the California prison system, the two cases focus upon two separate prison
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facilities at which Garcia has been incarcerated, each with its own staff and own course of
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treatment. Accordingly, the claims in each case turn on unique facts, making joinder under
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Federal Rule of Civil Procedure 20(a)(2) improper. See, e.g., Hysell v. Schwarzenegger, 2011
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WL 2678829, at *13 (E.D. Cal. July 06, 2011); Pena v. McArthur, 889 F. Supp. 403, 405 (E.D.
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Cal. 1994).
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2.

Plaintiff’s Motion to Amend (Docket Entry 24) is GRANTED. Plaintiff shall file

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a Second Amended Complaint within 30 days of the date of this order.
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Dated: August 16, 2011

/s/ A. Wallace Tashima
A. WALLACE TASHIMA
United States Circuit Judge
Sitting by designation.