Dobbey v. Randle et al

Filing 4

WRITTEN Opinion entered by the Honorable Robert M. Dow, Jr on 5/4/2011: Plaintiffs motion to alter or amend the Court's order of 11/2/2010 28 is denied. Plaintiffs motions requesting that the Court complete § 1915 review of Plaintiffs pro posed second amended complaint [32, 36] are granted. Plaintiff has submitted a second amended complaint containing two acceptable claims, but those claims have been inappropriately joined. Pursuant to Fed. R. Civ. P. 21, the Court severs Count 2 of Plaintiff's complaint and directs the Clerk to open a new case under a new case number. The Clerk is further directed to file Plaintiffs second amended complaint 30 , his IFP application 3 , and this order, in the newly opened case. Plaintiff may pursue Count 2 in the newly opened case, and the Court grants him IFP status in the new case based on the IFP application that he submitted in this case. If Plaintiff proceeds with both cases, he will be responsible for paying the filing fee for both cases. If Plaintiff does not wish to pursue Count 2 as a separate lawsuit, he must notify the Court within 30 days of the date of this order. The Clerk is ordered to issue summonses as to Defendants in this case, as detailed in this order, and the U.S. Marshals Service is directed to serve them. The Clerk is finally directed to send Plaintiff a Magistrate Judge Consent Form and Instructions for Submitting Documents along with a copy of this order. Mailed notice(nf, )