Joseph v. Heatley, et al

Filing 9

ORDER denying 8 Motion for permissive joinder signed by Magistrate Judge Craig M. Kellison on 07/24/14. (Plummer, M)

1
2
3
4
5
6
7
8

IN THE UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

ALONZO JAMES JOSEPH,

12
13
14
15
16
17

No. 2:13-CV-0879-CMK-P

Plaintiff,
vs.

ORDER

S. HEATLEY, et al.,
Defendants.
/
Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to

18

42 U.S.C. § 1983. Pending before the court is plaintiff’s motion (Doc. 8) for permissive joinder

19

of inmate Miguel Garza as a co-plaintiff to this action.

20

In this court’s experience, an action brought by multiple inmate plaintiffs

21

proceeding pro se presents procedural problems that cause delay and confusion. Delay often

22

arises from the frequent transfer of inmates to other facilities or institutions, the changes in

23

address that occur when inmates are released to parole, and the difficulties faced by inmates who

24

attempt to communicate with each other and with unincarcerated individuals. Therefore, while

25

Federal Rule of Civil Procedure 20 allows the joinder of additional plaintiffs, Rule 21 permits the

26

court to deny a request such as plaintiff’s where joinder would not be appropriate. The court so
1

1
2
3

finds in this case and will deny plaintiff’s request.
Accordingly, IT IS HEREBY ORDERED that plaintiff’s motion (Doc. 8) for
permissive joinder is denied.

4
5
6
7

DATED: July 24, 2014
______________________________________
CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE

8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
2