Jones v. Parrish et al

Filing 48

OPINION and ORDER (1) Granting In Part and Denying in Part Defendants' 13 16 40 Motions to Sever; (2) Dismissing Without Prejudice Certain Claims and Defendants; and (3) Denying Plaintiff's 17 Motion for a Temporary Restraining Order and a Permanent Injunction. Signed by District Judge Linda V. Parker. (RLou)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
TREMAIN JONES,
Plaintiff,
v.

Case No. 14-13153
Honorable Linda V. Parker

LYNN PARRISH, ET AL.,
Defendants.
/
OPINION AND ORDER (1) GRANTING IN PART AND DENYING IN
PART DEFENDANTS’ MOTIONS TO SEVER (ECF NOS. 13, 16 & 40); (2)
DISMISSING WITHOUT PREJUDICE CERTAIN CLAIMS AND
DEFENDANTS; AND (3) DENYING PLAINTIFF’S MOTION FOR A
TEMPORARY RESTRAINING ORDER AND A PERMANENT
INJUNCITON (ECF NO. 17)
On August 14, 2014, Plaintiff Tremain Jones (“Plaintiff”) commenced this
lawsuit against fifty-two defendants which include the Michigan Department of
Corrections (“MDOC”) and MDOC employees working at four of the correctional
facilities where Plaintiff has been incarcerated. In his Complaint, Plaintiff asserts
twelve separate counts that claim violations of his federal constitutional rights,
federal statutes, and state law. The matter has been assigned to Magistrate Judge
Anthony P. Patti for all pretrial proceedings, including a hearing and determination
of all non-dispositive matters pursuant to 28 U.S.C. § 636(b)(1)(A) and/or a report
and recommendation (“R&R”) on all dispositive matters pursuant to 28 U.S.C.

§ 636(b)(1)(B).
On October 22, 2014, several defendants filed a motion to sever pursuant to
Federal Rule of Civil Procedure 20. (ECF No. 13.) Additional defendants filed
similar motions on November 17, 2014 and June 26, 2015. (ECF Nos. 16, 40.)
Plaintiff has filed a response to two of the motions. (ECF No. 24.) Plaintiff also
filed a motion for a temporary restraining order (“TRO”) and a permanent
injunction on November 24, 2014. (ECF No. 17.) That motion has been fully
briefed, although Plaintiff’s reply brief was filed a month after it was due. (ECF
Nos. 26, 30.)
On August 12, 2015, Magistrate Judge Patti issued a R&R, recommending
that the Court grant in part and deny in part the motions to sever. (ECF No. 41.)
Magistrate Judge Patti concludes that Plaintiff has improperly joined counts in his
Complaint which relate to an October 22, 2011 event while housed at the Bellamy
Creek Correctional Facility with counts that arise from unrelated conduct that
occurred at other MDOC facilities, involving defendants different from those
individuals associated with the October 22 incident. Specifically, Magistrate Judge
Patti recommends that the Court sever and dismiss without prejudice Counts Six,
Seven, and Nine, in full, and Counts Eight, Ten, Eleven, and Twelve to the extent
they do not relate to the events described in Counts One through Five of the
Complaint. Magistrate Judge Patti further recommends that the action proceed
against only MDOC and the defendants at the Bellamy Creek Correctional Facility.
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On August 14, 2015, Magistrate Judge Patti issued a second R&R,
recommending that the Court deny Plaintiff’s motion for a TRO and permanent
injunction. (ECF No. 42.) Magistrate Judge Patti concludes that Plaintiff’s request
is moot to the extent he seeks injunctive relief from prison facilities where he no
longer is incarcerated or MDOC employees at those facilities. Magistrate Judge
Patti also concludes that the factors relevant to decide whether a TRO and
preliminary injunction should issue do not weigh in favor of an injunction.
Assuming that the Court would accept his earlier R&R and sever Plaintiff’s claims
related to the Bellamy Creek Correctional Facility from Plaintiff’s other claims,
Magistrate Judge Patti further concludes that the issuance of an injunction at this
stage will not “preserve the relative positions of the parties.”
At the conclusion of both R&Rs, Magistrate Judge Patti advises the parties
that they may object to and seek review of the R&R within fourteen days of service
upon them. (ECF No. 41 at 13-14; ECF No. 42 at 20-21.) He further specifically
advises the parties that “[f]ailure to file specific objections constitutes a waiver of
any further right to appeal.” (Id.) According to certificates of service, copies of
Magistrate Judge Patti’s R&Rs were mailed to Plaintiff at the Gus Harrison
Correctional Facility in Adrian, Michigan, on the date the R&Rs were filed.
Less than a week later, however, the Court received a notice from Plaintiff
indicating that his address had changed as a result of his transfer to a different
MDOC facility. (ECF No. 43.) The notice states that Plaintiff was transferred to
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the Ojibway Correctional Facility in Marenisco, Michigan on August 14, 2015.
(Id.) The notice is signed and dated on the same date as Plaintiff’s transfer. This
Court, therefore, sent additional copies of Magistrate Judge Patti’s R&Rs to
Plaintiff at his new address on September 3, 2015. On the same date, the Court
also entered an order granting Plaintiff an additional fourteen days to file any
objections that he may have to the R&Rs. (ECF No. 44.) Plaintiff’s objections,
signed and dated August 20, 2015, were received by the Court on September 15,
2015. (ECF No. 45.)
In his objections, Plaintiff argues that he properly joined his claims against
the various defendants because they “acted in concert” to intentionally injure him
and continue to retaliate against him. (Id. at Pg ID 938.) Plaintiff’s Complaint,
however, is devoid of any factual allegations suggesting that the varied
Defendants-- employed by MDOC to work in different prison facilities-- conspired
to violate Plaintiff’s rights. Plaintiff contends that Defendants continue to retaliate
against him and “went out of their way to intentionally harm and injure” him. (Id.
at Pg ID 938-39.) Even if true, this does not support the joinder of Plaintiff’s
claims against Defendants. Plaintiff does not assert an objection to Magistrate
Judge Patti’s analysis of his request for injunctive relief.
The Court has carefully reviewed the R&R and concurs with the conclusions
reached by Magistrate Judge Patti. The Court therefore rejects Plaintiff’s
objections to the R&R and adopts Magistrate Judge Patti’s August 12 and 14, 2015
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R&Rs (ECF Nos. 41, 42.) Consistent with Magistrate Judge Patti’s
recommendation, the Court is: (1) granting Defendants’ motion to sever and
dismissing without prejudice Plaintiff’s Counts Six, Seven, and Nine in full and
Counts Eight and Ten through Twelve to the extent they do not relate to Counts
One through Five; (2) dismissing all but the MDOC and Bellamy Creek
Correctional Facility Defendants; (3) denying Defendants’ motion to sever to the
extent they seek dismissal of Counts Eight and Ten through Twelve to the extent
they do relate to Counts 1-5; and (3) denying Plaintiff’s motion for injunctive
relief.
Accordingly,
IT IS ORDERED, that Defendants’ motions to sever (ECF Nos. 13, 16 &
40) are GRANTED IN PART AND DENIED IN PART in that Counts Six,
Seven, and Nine of Plaintiff’s Complaint are DISMISSED WITHOUT
PREJUDICE and the following individuals are DISMISSED AS PARTIES to
this action:
Linda Beckwith

Jay Bugbee

Sherman Campbell

K. Christiaens

Mike Curley

D. Evans

Brian Evers

E. Frye

Randall Haas

William Haddix

R. Hall

Shaheedah L. Hardwick

Susan Havelka

Robin Howard

A. Jones

Forest Williams

G. King

Paul D. Klee

T. Long

D. Maynard

K. McConnell

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Mark McCullick

Lee McRoberts

D. Messer

Robert Nichols

Mark Olsen

Lloyd Rapelja

Steve Rivard

S. Robinson

Kennth A. Romanowski

D. Smith

A. Spangler

Darrell Steward

Robert Stone

S. Tolley

Sara Stringer-Hill

Lisa A. Walsh

Wright Wade

Kristine VanHaften

IT IS FURTHER ORDERED, that Plaintiff’s motion for temporary
restraining order and a permanent injunction (ECF No. 17) is DENIED.
s/ Linda V. Parker
LINDA V. PARKER
U.S. DISTRICT JUDGE
Dated: September 25, 2015
I hereby certify that a copy of the foregoing document was mailed to counsel of
record and/or pro se parties on this date, September 25, 2015, by electronic and/or
U.S. First Class mail.
s/ Richard Loury
Case Manager

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