Legrand et al v. Fenstermaker et al

Filing 24

MEMORANDUM AND ORDER - IT IS ORDERED that Johnsons motion for leave to proceed in forma pauperis, (Doc. 21), and a motion to join this action,(Doc. 19), are GRANTED.Signed by Magistrate Judge Martin C. Carlson on 05/11/12. (pjr)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
TERRELL JOHNSON,

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Plaintiff,
v.
ERIKA FENSTERMAKER, et al.,
Defendants.

Civil No. 3:12-CV-743

(Judge Kosik)
(Magistrate Judge Carlson)

MEMORANDUM ORDER
This is a civil rights action brought by various federal inmates arising out of
an alleged food poisoning incident at the United States Penitentiary, Canaan. (Doc.
1) The original action, which was filed on April 20, 2012, named four inmate
plaintiffs. We have ordered the complaint served, but the defendants have not yet
responded to this complaint. At this early stage of this litigation a fifth inmate,
Terrell Johnson, has filed a motion for leave to proceed in forma pauperis, (Doc. 21),
and a motion to join this action. (Doc. 19) Joinder of parties is governed by Rule 19
of the Federal Rules of Civil Procedure, which provides that:
(a) Persons Required to Be Joined if Feasible.
(1) Required Party. A person who is subject to service of process and
whose joinder will not deprive the court of subject-matter jurisdiction
must be joined as a party if:

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(B) that person claims an interest relating to the subject of the action and
is so situated that disposing of the action in the person's absence may:
(I) as a practical matter impair or impede the person's ability to protect
the interest. . . .
Fed. R. Civ. P., Rule 19(a).
Here Johnson’s motion alleges that he too was affected by this alleged food
poisoning. Therefore, Johnson is a person who “claims an interest relating to the
subject of the action and is so situated that disposing of the action in [his] absence
may as a practical matter impair or impede [his] ability to protect [his] interest,” and
should be joined as a plaintiff. Accordingly, IT IS ORDERED that Johnson’s motion
for leave to proceed in forma pauperis, (Doc. 21), and a motion to join this action,
(Doc. 19), are GRANTED.
So ordered this 11th day of May 2012.

S/Martin C. Carlson
Martin C. Carlson
United States Magistrate Judge

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