Roberts et al v. State of Tennessee et al

Filing 223

ORDER: For the reasons stated above, the undersigned Magistrate Judge DENIES these three motions to add additional defendants (Docket Entry Nos. 135, 146 and 205). It is so ORDERED. Signed by Magistrate Judge John S. Bryant on 3/17/14. (xc:Pro se party by regular and certified mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(tmw)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION
CHARLES H. ROBERTS, et al.,

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Plaintiffs
v.
DERRICK D. SCHOFIELD, et al.,
Defendants

No. 3:11-1127
Judge Sharp/Bryant
Jury Demand

O R D E R
Presently pending in this case are three motions filed by
Plaintiffs

seeking

leave

to

permissively

join

additional

individuals as defendants in this action (Docket Entry Nos. 135,
146 and 205). For the reasons stated below, these three motions
must be denied.
Plaintiffs’ motion for joinder identified as Docket Entry
135 seek to name as additional individual defendants the following:
Dan

D.

Haskins,

Jr.;

Chaplain

at

Charles

Bass

Correctional

Facility; Ope O. Oshomoji; Food Service Manager at Charles Bass
Correctional Facility; Jeannie Alexander, Chaplain at River Bend
Maximum Security Institution; Robert Curtis, Food Service Manager
at River Bend Maximum Security Institution; Jane Amonett, Food
Service Director for the Tennessee Department of Corrections; and
Steve Cantrell, Chaplain at Morgan County Correctional Complex.
Plaintiffs’ motion for joinder filed at Docket Entry No.
146

seeks

to

join

the

following

individuals

as

additional

defendants: Dan D. Haskins, Jr., Ope O. Oshomoji, Jane Amonett,
Jeannie Alexander, Steve Cantrell, all identified in the motion

referenced above, and Robert Curtis, identified as Food Service
Manager at River Bend Maximum Security Institution.
By motion to add newly named defendants (Docket Entry No.
205),

Plaintiffs

seek

to

add

the

following

individuals

as

defendants: Anna Cannon, identified as Food Services Manager at
Morgan

County

Correctional

Complex;

Arty

S.

Heidle,

Shift

Supervisor at MCCX; Darlene E. Aytes, Shift Supervisor at MCCX;
Theresa D. Plantz, Shift Supervisor at MCCX; Vera WinebargerSchumpert, Shift Supervisor at MCCX; Anita [last name unknown];
Steward at MCCX; and K. Hunter, Steward at MCCX.
According the record in this case, Plaintiff Charles H.
Roberts is currently housed at the Roane County Jail in Kingston,
Tennessee (Docket Entry No. 209) and Plaintiff Marshall Murdock is
currently housed at the River Bend Maximum Security Institution in
Nashville, Tennessee (Docket Entry No. 218). Since the complaint in
this case seeks only injunctive relief, any person who is not
located either at the Roane County Jail or Riverbend Maximum
Security Institution would be incapable of providing the relief
that Plaintiffs Roberts and Murdock seek. Therefore, the joinder of
Haskins,

Oshomoji,

Cantrell,

Cannon,

Heidle,

Aytes,

Plantz,

Winebarger-Schumpert, Anita [last name unknown], and K. Hunter,
would be futile since all of these individuals are located at
institutions other than places where the Plaintiffs are presently
confined. Moreover, with respect to Alexander, Curtis, and Amonett,
the undersigned finds that none of these three individuals is
essential to provide relief that Plaintiffs seek. Here, Defendant
Schofield is the Commissioner of the Tennessee Department of
2

Correction

and

Defendant

Hodge

is

Assistant

Commissioner

for

Operations of TDOC. These two individuals at least presumptively
possess

the

Plaintiffs

authority
seek,

if

to

provide

ordered

by

the

the

injunctive

Court.

In

relief

addition,

that
the

undersigned Magistrate Judge finds that adding these additional
individuals

as

named

defendants

to

this

action

unnecessarily

complicates the case, prejudices the current parties in obtaining
timely

resolution

of

the

claims,

and

affords

no

additional

opportunity for relief to Plaintiffs.
For the reasons stated above, the undersigned Magistrate
Judge DENIES these three motions to add additional defendants
(Docket Entry Nos. 135, 146 and 205).
It is so ORDERED.
/s/ John S. Bryant
JOHN S. BRYANT
United States Magistrate Judge

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