Baker et al v. DesLauriers et al

Filing 69

MEMORANDUM AND ORDER denying 65 Motion to Join; denying 66 Motion to Separate; granting 67 Motion to Separate. Signed by Magistrate Judge Kenneth G. Gale on 01-30-17. Mailed to pro se party Randall Ritchie, Steve Islam, David Thayer by regular mail. (df)

IN THE UNITED STATE DISTRICT COURT
FOR THE DISTRICT OF KANSAS
RONALD BAKER, DAVID E. BENTON )
SR., RICHARD L. COCHRAN, MICHAEL )
P. GALLAGHER, HARVEY HICKMAN, )
BILLY INGRAM, EDWARD C.
)
JOHNSON, ROBERT H. KINZER, ALAN )
KIRK, MICHAEL D. MELLON, JUSTIN )
MILLER, ROY NALLEY, DALE
)
PATTERSON, ERIC PATTERSON,
)
RAMON CRUZ PEREZ, JAMES E.
)
ROBERTS JR., BILLY J. STANLEY,
)
DANNY STANLEY, DAVID THAYER, )
MICHAEL UNRUH, WILLIAM EUGENE )
WALD, VANCE WALTERS, TRAVIS
)
WILLIAMS, AND LARRY WRIGHT,
)
on behalf of themselves and all others
)
similarly situated,
)
)
Plaintiffs,
)
)
v.
)
)
TIM KECK, Interim Secretary of Kansas
)
Department for Aging and Disability
)
Services, and MIKE DIXON, Clinical
)
Program Director of the Kansas Sexual
)
Predator Treatment Program,
)
)
Defendants.
)
___________________________________ )

Case No.: 6:14-cv-1356-JTM-KGG

ORDER
NOW BEFORE THE COURT are[65] the Motion to Join Complaint filed by

non-party movant Randall Ritchie, [66] the Motion to Separate filed by non-party
movant Steve Islam, and [67] Plaintiff David Thayer’s Motion to Separate from the
Plaintiffs, Court-appointed counsel, and the Amended Complaint filed by counsel.

The Court hereby GRANTS [67] Plaintiff David Thayer’s Motion to
Separate from the Plaintiffs, Court-appointed counsel, and the Amended Complaint
filed by counsel. Plaintiff shall now represent himself pro se and the original
Complaint [1] shall be active as to him. The case will proceed as if there were two
separate cases filed (with separate Complaints) that were subsequently
consolidated.
The Court DENIES [65] Motion to Join Complaint filed by non-party
movant Randall Ritchie.1 Mr. Ritchie is not a named party in this case. As such,
his motion is improper. The Court notes, however, that Mr. Ritchie may be
allowed to opt-in to this case (and join Mr. Thayer’s Complaint, if certified as a
class action) at a later time after an appropriate notice.
The Court further DENIES [66] Motion to Separate filed by non-party
movant Steve Islam. Because Mr. Islam is currently not a party to either
Complaint in this case, he cannot be “separated” from the other Plaintiffs, the
Amended Complaint or Court-appointed counsel. Mr. Islam’s motion is, therefore,
DENIED. The Court notes, however, that Mr. Islam may be allowed to opt-in to
this case (and join Mr. Thayer’s Complaint, if certified as a class action) at a later
time after an appropriate notice.
1

The Court notes that although Mr. Ritchie’s signature is on the original cover
sheet for this case, he was not a party to the original Complaint. (See 10/28/14 text
entry.)

IT IS SO ORDERED.
Dated at Wichita, Kansas, on this 30th day of January, 2017.
S/ KENNETH G. GALE

KENNETH G. GALE
United States Magistrate Judge