Reyes et al v. Cunningham et al

Filing 4

ORDER ADOPTING REPORT AND RECOMMENDATION re 3 Objections to Report and Recommendation filed by Chris Torrison, Randy Pedersen, Jayzack j.s. White Crow-reimer, Rolando Reyes, Cory Roberts, Ernesto Leyva, Elmer Campbell, Michael Phillips, Eric Hanson. Signed by Judge Robert J. Bryan. (JL) Paper copies sent to all plaintiffs @ SC address . Modified on 4/22/2011 (JL).

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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ROLANDO REYES et al.,
Plaintiffs,

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Case No. C11-5237RJB
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v.
KELLY CUNNINGHAM et al.,
Defendants.

ORDER ADOPTING A REPORT AND
RECOMMENDATION

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The Court, having reviewed the Report and Recommendation of Magistrate Judge J.
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Richard Creatura (Dkt. 2), objections to the Report and Recommendation (Dkt. 3), and the
remaining record, does hereby find and ORDER:
1.

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ORDER - 1

Plaintiffs object to completing court forms regarding financial status, on
the basis that they are civil detainees, not prisoners. They also contend
that the claims are best brought in one complaint; and that the court should
afford latitude to plaintiffs because they are proceeding pro se. In order
for the court to determine whether each plaintiff is entitled to proceed in
forma pauperis, each plaintiff must comply with the court’s financial
disclosure requirements by providing the court with a copy of his SCC
trust account. Further, while there are some common themes to plaintiffs’
complaint, different facts, resulting in different claims, apply to each
plaintiff. The claims should best be brought in separate actions. Finally,
plaintiffs are not prejudiced by a dismissal of this action without prejudice.
Because plaintiffs are not prisoners, they are not required to pay the full
filing fee, over time, for this case, as is required of prisoners proceeding in
forma pauperis under 28 U.S.C. § 1915. The court ADOPTS the Report
and Recommendation (Dkt. 2).

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Mr. Reyes’ request for appointment of counsel is not properly before the
court because it was raised in the objections. Dkt. 33, at 6. Further, Mr.
Reyes has not shown exceptional circumstances warranting appointment
of counsel. See Weygandt v. Look, 718 F.2d 952, 954 (9th Cir. 1983). Mr.
Reyes’ request for appointment of counsel (Dkt. 33) is DENIED.

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The motion to proceed in forma pauperis is DENIED without prejudice.
Plaintiffs may file separate actions under new cause numbers if they so
desire. This action is DISMISSED WITHOUT PREJUDICE.

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The Clerk is directed to send a copies of this Order to plaintiffs,
and to the Hon. J. Richard Creatura.

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DATED this 22nd day of April,2011.

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A

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ROBERT J. BRYAN
United States District Judge

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ORDER - 2