SALGADO v. CHATMAN et al

Filing 30

ORDER: The Court SEVERS the Plaintiff's Eighth Amendment claim against Defendant Powell for denial of dental care. The Clerk of Court is hereby DIRECTED to open a new action for the Eighth Amendment claim a gainst Defendant Powell for denial of dental care. Defendant Powell should also remain a party in 5:15-cv-355. Allowing for the delay caused by the stay on the SMU-related claims, the Court refers the parties to the discovery schedule set forth in Judge Weigles Order and Recommendation (Doc. 9), attached. That Order is modified as follows: discovery shall be completed by January 4, 2018, and dispositive motions shall be submitted by February 5, 2018. Ordered by US DISTRICT JUDGE MARC THOMAS TREADWELL on 10/12/2017. (Attachments: # 1 Judge Weigle's Order) (tlh)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
MACON DIVISION
JOEL SALGADO,
Plaintiff,
v.
BRUCE CHATMAN, et al.,
Defendants.

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CIVIL ACTION NO. 5:15-CV-355(MTT)

ORDER
This case arises from the Plaintiff’s claims that his Eighth Amendment and
Fourteenth Amendment rights have been violated during his confinement. See
generally Doc. 8. The case is one of eleven that has been filed by inmates in Tier III of
the Special Management Unit of Georgia Diagnostic and Classification Prison in
Jackson, Georgia. See, e.g., Doc. 28 at 1. Because “[e]ach case has presented similar
claims and fact patterns alleging constitutional violations of Eighth and Fourteenth
Amendment rights,” the Magistrate Judge has consolidated discovery in the cases and
has stayed discovery in all except one of the cases. See, e.g., id. at 1-2.
However, this case also contains an unrelated claim. In order to facilitate the
orderly resolution of the cases and to ensure justice for all parties, the Court SEVERS
the Plaintiff’s Eighth Amendment claim against Defendant Powell for denial of dental
care. See Fed. R. Civ. P. 21 (“On motion or on its own, the court may at any time, on
just terms, add or drop a party. The court may also sever any claim against a party.”);
Fed. R. Civ. P. 42(b) (“For convenience, to avoid prejudice, or to expedite and
economize, the court may order a separate trial of one or more separate issues, claims,

crossclaims, counterclaims, or third-party claims.”). The Clerk of Court is hereby
DIRECTED to open a new action for the Eighth Amendment claim against Defendant
Powell for denial of dental care. Defendant Powell should also remain a party in 5:15cv-355.
Allowing for the delay caused by the stay on the SMU-related claims, the Court
refers the parties to the discovery schedule set forth in Judge Weigle’s Order and
Recommendation (Doc. 9), attached. That Order is modified as follows: discovery shall
be completed by January 4, 2018, and dispositive motions shall be submitted by
February 5, 2018.
SO ORDERED, this 12th day of October, 2017.
S/ Marc T. Treadwell
MARC T. TREADWELL, JUDGE
UNITED STATES DISTRICT COURT

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