Brown v. Bureau of Prisons et al

Filing 56

ORDER denying without prejudice 53 Motion for Order. By Magistrate Judge Michael E. Hegarty on 11/30/11.(cmacd ) Modified on 12/1/2011 to change filed date(cmacd ).

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 11-cv-00200-PAB-MEH
JOE BROWN,
Plaintiff,
v.
MR. HENDRICKS, and
MR. SHORTNER,
Defendants.

MINUTE ORDER
Entered by Michael E. Hegarty, United States Magistrate Judge, on November 30, 2011.
The Motion by Plaintiff Ordering to Add Party Defendant and Motion Compelling the Court
for Joinder of Party Pursuant to Fed. R. Civ. P. 19(a)(2) [filed November 28, 2011; docket #53] is
denied without prejudice. Plaintiff seeks to add Federal Prison Industries as a defendant in this
action arguing only that it “is in authority over those defendant’s [sic] listed above, and needs to be
held liable for this act of Discrimination of a handicapped person.” Plaintiff invokes Fed. R. Civ.
P. 19(a)(2) in support of his request; however, the Plaintiff fails to provide sufficient information
for the Court to determine whether joinder of this entity is “required,” or construing the motion
liberally, to determine whether joinder would be “permitted” under Fed. R. Civ. P. 20(a)(2).
Moreover, the proposed amended pleading attached to the motion appears to be simply a copy of
the current operative pleading in this case with “Federal Prison Industries” added as a defendant;
in fact, the proposed document contains the same signature and date as the current Amended
Complaint. Compare docket #53-1 at 8 with docket #47 at 8. Thus, the proposed pleading provides
no further information supporting Plaintiff’s request for joinder.