JAMES v. MASSEE et al

Filing 47

ORDER: It is ORDERED that Plaintiff's ORMC claims be SEVERED from the other claims in this action. Plaintiff will therefore be required to prosecute these cases separately and must either pay the filing fe e or move to proceed in forma pauperis in the severed case. Because Plaintiff has amended and supplemented his original pleading multiple times in this case, it is also ORDERED that Plaintiff now RECAST his claims against Dr. Mack and Nurse Michelle on a separate standard § 1983 complaint form. The CLERK shall provide Plaintiff with a copy of the necessary forms after marking them with the new case number. Once filed, Plaintiff's recast complaint shall take the place of and supersed e all allegations and claims made against Defendants Mack and Michelle in the present case. laintiff shall have TWENTY-ONE (21) DAYS from the date of this Order to (1) submit his recast complaint and (2) pay the filing fee or submit a motion to proc eed in forma pauperis in the severed action. Once Plaintiff has recast his claims and satisfied the fee requirement, the Court will conduct a preliminary review of his claims against Defendants Mack and Michelle. See 28 U.S.C. § 1915A(a). Ordered by US DISTRICT JUDGE MARC THOMAS TREADWELL on 12/22/2015. (tlh)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
MACON DIVISION

SAMSON EUGENE JAMES,
Plaintiff
VS.
Sheriff WILLIAM MASSEE, et al,
Defendants
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CIVIL NO. 5:15-CV-0035-MTT-MSH

ORDER
Plaintiff Samson Eugene James filed the present action against officers at the
Baldwin County Jail under § 1983 for alleged violations of his constitutional rights.
Those defendants were served and have filed responsive pleadings. In the same action,
Plaintiff also attempts to bring claims against a physician and nurse at the Oconee Regional
Medical Center (“ORMC”) in Milledgeville, Georgia. Those defendants have not yet
been served.
I.

Joinder of Plaintiff’s ORMC Claims

As to his ORMC claims, Plaintiff alleges that he was taken to ORMC on or about
February 14, 2013, and upon his arrival, advised Defendant “Nurse Michelle” that he had
been “gang raped.”

She apparently told “Dr. Mack” and called the “Milledgeville

Police.” Dr. Mack and Nurse Michelle then had the officers hold Plaintiff down while
they gave him six injections. Plaintiff claims that one of these shots was insulin, that he is
not diabetic, and that the medication made him extremely ill. After that, Defendants

transferred Plaintiff to “Rivers Edge Mental Hospital” for psychiatric treatment (a “1013”).
Defendants did not believe Plaintiff’s allegations of rape and did not investigate or provide
treatment for any injuries resulting from the sexual assault.
When viewed liberally and in Plaintiff’s favor, his allegations against Defendants
Mack and Michelle may be sufficient to allow him to go forward with § 1983 claims
against these defendants. A § 1983 plaintiff, however, may join only related claims in a
single complaint. Claims are related if they arise “out of the same transaction, occurrence,
or series of transactions or occurrences” and share common issues of law or fact. See Fed.
R. Civ. P. 20. “[A] claim arises out of the same transaction or occurrence if there is a
logical relationship between the claims.”

Construction Aggregates, Ltd. v. Forest

Commodities Corp., 147 F.3d 1334, 1337 n.6 (11th Cir. 1998).
Plaintiff’s allegations fail to show any “logical relationship” between the claims
arising out of his treatment at ORMC and those relating to the conditions of his
confinement at Baldwin County Jail.

For this reason - and because the statute of

limitations would likely bar the refiling of Plaintiff’s claims against Defendants Mack and
Michelle - it is ORDERED that Plaintiff’s ORMC claims be SEVERED from the other
claims in this action. See Fed. R. Civ. P. 21 (allowing severance of claims against
improperly joined parties). Severance under Rule 21 results in separate and independent
actions with separate final judgments. See 7 Wright and Miller, Fed. Prac. & Proc. Civ. §
1689 (3d ed. 2004). Plaintiff will therefore be required to prosecute these cases separately
and must either pay the filing fee or move to proceed in forma pauperis in the severed case.
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Because Plaintiff has amended and supplemented his original pleading multiple
times in this case, it is also ORDERED that Plaintiff now RECAST his claims against Dr.
Mack and Nurse Michelle on a separate standard § 1983 complaint form. The CLERK
shall provide Plaintiff with a copy of the necessary forms after marking them with the new
case number. Once filed, Plaintiff’s recast complaint shall take the place of and supersede
all allegations and claims made against Defendants Mack and Michelle in the present case.
II.

Time for Response

Plaintiff shall have TWENTY-ONE (21) DAYS from the date of this Order to (1)
submit his recast complaint and (2) pay the filing fee or submit a motion to proceed in
forma pauperis in the severed action. Once Plaintiff has recast his claims and satisfied the
fee requirement, the Court will conduct a preliminary review of his claims against
Defendants Mack and Michelle. See 28 U.S.C. § 1915A(a).
SO ORDERED, this 22nd day of December, 2015.
S/ Marc T. Treadwell
MARC T. TREADWELL, JUDGE
UNITED STATES DISTRICT COURT

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