Mickens et al v. Inslee et al

Filing 65

ORDER ADOPTING 59 REPORT AND RECOMMENDATION, signed by Judge Robert J. Bryan. All parties, except the first named plaintiff (Mickens), ARE DISMISSED from this matter WITHOUT PREJUDICE. If he chooses to continue with this case, Plaintiff Mickens MUS T FILE an amended complaint addressing only his individual claims within thirty days of the date of this order. This case is RE-REFERRED to U.S. Magistrate Judge J. Richard Creatura for further proceedings. **3 PAGE(S), PRINT ALL** (Rory Mickens, Prisoner ID: 927518; Alvin Hegge, Prisoner ID: 952368; Jeffrey Ziegler, Prisoner ID: 886970; Ryan Gentzler, Prisoner ID: 315617; Eugene Garvie, Prisoner ID: 307014; Josh Hegre, Prisoner ID: 372229; Steven Burr, Prisoner ID: 891934; Robert Th iery, Prisoner ID: 704828; Sergio Peralta, Prisoner ID: 899693; Pat Nelson, Prisoner ID: 740596; Jonathon Reno, Prisoner ID: 975591; Jacob Clark, Prisoner ID: 348942; Thomas Gilbert, Prisoner ID: 626436; Russel Clark, Prisoner ID: ; James Townsend, P risoner ID: 710527; Darrin Maiden, Prisoner ID: 829585; Joseph Moore, Prisoner ID: 740940; Chris Cardinale, Prisoner ID: 735590; Ralph Cabrera, Prisoner ID: 964591; Nathan Kimbrell, Prisoner ID: 405369; Daniel Griffin, Prisoner ID: 400418; Jacob Harr ison, Prisoner ID: 366219; Randy Demaray, Prisoner ID: 767495; Ray Stillwagon, Prisoner ID: 761162; Brian Champaco, Prisoner ID: 846849; Jimmie Hartfield, Prisoner ID: 366099; Zachary Hochstetler, Prisoner ID: 366766; Troy Fisher, Prisoner ID: 367621 ; Kenneth Etheredge, Prisoner ID: 278562; Frank Dolan, Prisoner ID: 795045; Allen Edwards, Prisoner ID: 299125; David Fisher, Prisoner ID: 764705; Christopher Shade, Prisoner ID: 391594; Guy Ralph, Prisoner ID: 791679) (ERA - cc: Russel Clark, Zachary Hochstetler)

Case 3:20-cv-05259-RJB-JRC Document 65 Filed 08/03/20 Page 1 of 3

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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RORY L. MICKENS, et. al.,
Plaintiffs,
v.

CASE NO. 20-5259 RJB
ORDER ADOPTING REPORT AND
RECOMMENDATION

JAY INSLEE, et. al.,
Defendants.

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THIS MATTER comes before the Court on the Report and Recommendation of U.S.

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Magistrate Judge J. Richard Creatura. Dkt. 59. The Court has considered the Report and

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Recommendations, Objections to the Report and Recommendation, and the remaining file.

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On March 17, 2020, over 30 pro se prisoners filed this case, asserting various violations

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of their constitutional rights. Dkt. 1. On April 29, 2020, the Plaintiffs were ordered to show

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cause, if any they had, why the case should not be separated into individual cases. Dkt. 55. Only

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around 16 Plaintiffs responded to the order to show cause (along with two non-party prisoners

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who also signed the response). Dkt. 58.

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ORDER ADOPTING REPORT AND RECOMMENDATION - 1

Case 3:20-cv-05259-RJB-JRC Document 65 Filed 08/03/20 Page 2 of 3

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After considering the response (and failure to respond) to the order to show cause, the

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instant Report and Recommendation was issued, recommending that all parties except the first

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named Plaintiff, Rory Mickens, be dismissed without prejudice to refile their cases, if they

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choose. Dkt. 59.

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The 16 or so Plaintiffs (and two non-party prisoners) who filed the response to the order

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to show cause (Dkt. 58), filed objections (Dkt. 62) and re-filed their response to the order to

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show cause (Dkt. 61). In their objections, they argue that the U.S. Magistrate Judge does not

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have jurisdiction because the case has not been served, that the Washington State Bar Act

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(forbidding the unauthorized practice of law) is unconstitutional, and Fed. R. Civ. P. 21 is

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“functionally unconstitutional.” Dkt. 62.
The Report and Recommendation should be adopted and all but the first named Plaintiff

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in this case, Rory Mickens, should be dismissed without prejudice. The Plaintiffs’ objections do

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not provide adequate grounds to fail to adopt the Report and Recommendation. They make no

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showing that the U.S. Magistrate Judge does not have jurisdiction because the case has not yet

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been served. They fail to show that either the Washington State Bar Act or Fed. R. Civ. P. 21 is

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unconstitutional. To the extent they incorporate the arguments in their response to the order to

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show cause (Dkt. 61) in their objections (Dkt. 62), these arguments are addressed in the Report

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and Recommendation and are not sufficient grounds to reject the Report and Recommendation.

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The Report and Recommendation should be adopted and the case re-referred to U.S.

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Magistrate Judge J. Richard Creatura. All Plaintiffs, except Plaintiff Rory Mickens, should be

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dismissed from this case. All dismissed plaintiffs, if they choose to re-file their claims, should

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proceed in separate cases, file new complaints which address only their individual claims, and

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pay a new filing fee or file an application to proceed in forma pauperis. Plaintiff Mickens, if he

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ORDER ADOPTING REPORT AND RECOMMENDATION - 2

Case 3:20-cv-05259-RJB-JRC Document 65 Filed 08/03/20 Page 3 of 3

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chooses to continue with the case, should file an amended complaint addressing only his

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individual claims within thirty days of the date of this order.

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IT IS ORDERED THAT:

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•

The Report and Recommendation (Dkt. 59) IS ADOPTED;

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All parties, except the first named plaintiff (Mickens), ARE DISMISSED from

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this matter WITHOUT PREJUDICE. All dismissed plaintiffs, if they choose to

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re-file their claims, must proceed in separate cases, file new complaints which

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address only their individual claims, and pay a new filing fee or file an application

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to proceed in forma pauperis;

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•

If he chooses to continue with this case, Plaintiff Mickens MUST FILE an

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amended complaint addressing only his individual claims within thirty days of the

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date of this order; and

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This case is RE-REFERRED to U.S. Magistrate Judge J. Richard Creatura for
further proceedings.

The Clerk is directed to send uncertified copies of this Order to U.S. Magistrate Judge J.

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Richard Creatura, all counsel of record and to any party appearing pro se at said party’s last

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known address.

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Dated this 3rd day of August, 2020.

A
ROBERT J. BRYAN
United States District Judge

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ORDER ADOPTING REPORT AND RECOMMENDATION - 3