Miller v. Berdanier et al

Filing 83

ORDER denying pltf's motion for leave to file 2nd amended complaint 74 . (See order for complete details.)Signed by Honorable Christopher C. Conner on 7/31/13. (ki)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
EDWARD MILLER,
Plaintiff
v.
EUGENE BERDANIER, et al.,
Defendants

:
:
:
:
:
:
:
:
:

CIVIL ACTION NO. 1:12-CV-00520
(Judge Conner)

ORDER
AND NOW, this 31st day of July, 2013, upon consideration of plaintiff’s
motion for leave to file a second amended complaint (Doc. 74), in which plaintiff
seeks to add as defendants unnamed individuals working at SCI-Pittsburgh who
have allegedly violated his civil rights since his arrival at that institution on January
30, 2013, and recognizing that the standing complaint alleges violations of plaintiff’s
civil rights by Schuylkill County Prison officials over a period of November 14, 2011
through July 3, 2012, while plaintiff was housed at that institution (see Doc. 56), and
noting that the court has previously advised plaintiff that an amended complaint
should be limited with respect to only those defendants and claims that arise out of
the same transaction or occurrence or series of transactions or occurrences and
that have questions of law or fact common to all defendants and claims, see Fed. R.
Civ. P. 20(a), and that plaintiff should file separate actions as to any defendants and
claims that do not share common legal and factual questions and that do not arise
out of the same transactions or occurrences, (see Doc. 40), it is hereby ORDERED
that plaintiff’s motion for leave to file a second amended complaint (Doc. 74) is

DENIED, as plaintiff is seeking to impermissibly join defendants and claims that do
not share common legal and factual questions and do not arise out of the same
transaction or occurrence.

S/ Christopher C. Conner
CHRISTOPHER C. CONNER
United States District Judge