Kumar et al v. Dufor et al

Filing 8

ORDER signed by Magistrate Judge Kendall J. Newman on 3/23/2017 ORDERING the claims of plaintiff Guzman are severed from the claims of plaintiff Kumar; plaintiff Kumar shall proceed as the sole plaintiff in case no. 2:16-cv-1082 AC; The Clerk shall open a separate civil action for plaintiff Guzman in accordance with this order. (See Order for Details)(Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ANIL KUMAR, TOBIAS NUNEZ
GUZMAN,
Plaintiffs,

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No. 2:16-cv-1082 AC P

ORDER
v.
STEVEN L. DUFOR, et al.,
Defendants.

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Plaintiffs are two inmates, proceeding pro se, with a civil rights action pursuant to 42
U.S.C. § 1983.

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This court has determined that each plaintiff should proceed separately on his own claim.

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The Federal Rules of Civil Procedure provide “[p]arties may be dropped or added by order of the

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court on motion of any party or of its own initiative at any stage of the action and on such terms

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as are just. Any claim against a party may be severed and proceeded with separately.”

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Fed. R. Civ. P. 21. Courts have broad discretion regarding severance. See Davis v. Mason

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County, 927 F.2d 1473, 1479 (9th Cir. 1991).

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In the instant action, plaintiffs were individuals detained in the Yuba County Jail.

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Plaintiff Guzman remains housed in the Yuba County Jail, but plaintiff Kumar has been

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transferred to the Mesa Verde Community Correctional Facility. In this court’s experience, an
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action brought by multiple inmate plaintiffs proceeding pro se presents procedural problems that

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cause delay and confusion. Delay often arises from the frequent transfer of inmates to other

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facilities or institutions, as already experienced here, the changes in address that occur when

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inmates are released, and the difficulties faced by inmates who attempt to communicate with each

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other and with unincarcerated individuals.

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Accordingly, the court will order that plaintiffs’ claims be severed. Plaintiff Kumar will

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proceed in this action, while plaintiff Guzman will proceed in a civil action to be opened by the

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Clerk of the Court. Each plaintiff will proceed with his own action and will be solely responsible

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for his own action.

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The Clerk of the Court is directed to assign the new action to the same magistrate judge

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assigned to the instant action. The Clerk of the Court shall make appropriate adjustment in the

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assignment of civil cases to compensate for this reassignment.

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Each plaintiff has filed a request for leave to proceed in forma pauperis. The Clerk of the

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Court is directed to file plaintiff Guzman’s request to proceed in forma pauperis in his new action.

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Each plaintiff is cautioned that if this action proceeds further it is probable that each plaintiff will

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incur a liability in the amount of the $350.00 filing fee, which amount will be collected from his

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prison trust account.1 See 28 U.S.C. § 1915(b).

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In accordance with the above, IT IS HEREBY ORDERED that:

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1. The claims of plaintiff Guzman are severed from the claims of plaintiff Kumar;

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2. Plaintiff Kumar shall proceed as the sole plaintiff in case No. 2:16-cv-1082 AC;

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3. The Clerk of the Court is directed to:

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a. Open a separate civil action for plaintiff Guzman;

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b. Assign the new action to the magistrate judge to whom the instant case is

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assigned and make appropriate adjustment in the assignment of civil cases to compensate for such

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assignment;

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See Information to Prisoners Seeking Leave to Proceed with a Civil Action in Federal Court In
Forma Pauperis Pursuant to 28 U.S.C. § 1915.
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c. File and docket a copy of this order in the file opened for plaintiff Guzman;

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d. Place a copy of the complaint filed May 20, 2016 (ECF No. 1), and the motion

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to proceed in forma pauperis filed June 2, 2016 (ECF No. 4), in the file opened for plaintiff

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Guzman;
e. Strike from the caption of each plaintiff’s complaint the name of the other

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plaintiff;

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f. Send plaintiff Guzman an endorsed copy of his complaint bearing the amended

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caption and the case number assigned to his own individual action;

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Dated: March 23, 2017

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/kuma1082.2.2

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