Jordan v. Wallace et al

Filing 1

ORDER severing action into 3 separate cases: 08-cv-757-bbc, 09-cv-63-bbc, and 09-cv-64-bbc. Signed by Chief Judge Barbara B Crabb on 2/2/09. (krj)

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IN THE UNITED STATES DISTRICT COURT FO R THE WESTERN DISTRICT OF WISCONSIN --------------------------------------------D AR R IC K P. JORDAN, #307484, ORDER Plaintiff, 0 8 - cv -7 5 7 - b b c v. S gt. LAVERNE PRICE (Correctional Officer, CVCTF), PAM WALLACE (Warden, CVCTF), KARI IVES (Social Worker, ERP, CVCTF), B ER L Y E MIDDLETON (Program Director, CVCTF), KEN N ET H SNART, (Program Director, CVCTF) M S . HOLZMANN (Librarian, CVCTF), D efendan ts. --------------------------------------------In this case, plaintiff Darrick Jordan has asserted three constitutional claims involving d ifferen t incidents and different sets of defendants. In an order entered January 8, 2009, I concluded that plaintiff's three claims could not proceed in the same lawsuit under George v. Smith, 507 F.3d 605, 607 (7th Cir. 2007) and Fed. R. Civ. P. 20. I advised plaintiff that h e would have to choose which of the separate claims he wanted to pursue in this case and that if he wanted to pursue any of the other claims he would have to pay separate filing fees for each one. The three claims are as follows: L aw suit #1 involves plaintiff's claim that defendant Laverne Price struck him on the head while he was asleep and that defendants Pam Wallace and other "unnam ed individuals" interfered with his ability to file a grievance about defendant Price's behavior. L aw suit #2 involves plaintiff's claim that defendants Wallace, Karl Ives, B erlye Middleton and Kenneth Snart took plaintiff out of an earned release pro gram in retaliation for his refusing to dismiss an appeal he had pending. L aw s uit #3 involves plaintiff's claim that defendants Wallace and Holzmann failed to provide him with adequate legal materials and time to prepare m aterials in a civil suit he was litigating. On January 23, 2009, plaintiff responded to the order. In his response, plaintiff states that he will apply to Lawsuit #1 the $350 filing fee he already has paid. In addition, plaintiff states that he wishes to pursue Lawsuit ## 2 and 3, but that they should be allowed to proceed as one case instead of two. Plaintiff does not explain why he believes I erred in severing his claims as I did and I am unaware of any arguments that could be made. T herefore, I will sever Lawsuits ##2 and 3 pursuant to Rule 20 and assign them case nos. 09 -cv-06 3-bb c and 09-cv-064-bbc, respectively. Next, plaintiff asks to proceed in forma pauperis in the two new cases and notes that h e will need a 30-day extension to "obtain the proper filing paperwork" because he is no lon ger incarcerated. Plaintiff appears to understand that to support his requests for leave to pro cee d in forma pauperis in the severed actions, in each case he will have to submit an affid avit of indigency and a certified copy of his trust fund account for the six-month period 2 im m ediately preceding the filing of his original complaint on December 30, 2008. Now that plaintiff has moved from the Stanley Correctional Institution, he will have to write that institution to receive a certified copy of his trust fund account. To account for this, plaintiff m ay have until February 23, 2009 in which to file in each of the new cases an affidavit of i ndigency and certified copy of his trust fund account statement for the period beginning app roxim ately June 29, 2008 and ending approximately December 29, 2009. If plaintiff subm its the necessary documents, I will calculate his initial partial payment and advise him o f the amount he will have to pay before the court can screen the merits of his severed claims u nd er 28 U.S.C. 1915(e)(2). If he fails to file the affidavit and statement by February 23, 2009 , I will assume that he wishes to withdraw those actions voluntarily and will dismiss the actions without prejudice to plaintiff's filing them at a later date. OR DER IT IS ORDERED that plaintiff Darrick P. Jordan's claims are SEVERED into three actions that will be heard in federal court as follows: In this case (case no. 08-cv-757-bbc) plaintiff may prosecute his claims that defendan t Laverne Price struck him on the head while he was asleep and that defendants Pam Wallace and other "unnamed individuals" interfered with his ability to file a grievance abo ut defendant Price's behavior. The remaining defendants are DISMISSED from this a ctio n . 3 In case no. 09-cv-063-bbc plaintiff may prosecute his claim that defendants Wallace, K a rl Ives, Berlye Middleton and Kenneth Snart were involved in an incident in which prison officials took plaintiff out of an earned release program in retaliation for his refusing to dism iss an appeal he had pending. The remaining defendants are DISMISSED from that action. In case no. 09-cv-064-bbc, plaintiff may prosecute his claim that defendants Wallace and Holzmann failed to provide him with adequate legal materials and time to prepare m aterials in a civil suit he was litigating. The remaining defendants are DISMISSED from th at action. FUR TH ER IT IS ORDERED that, in each of cases nos. 09-cv-063-bbc and 09-cv0 6 4 -b bc, plaintiff may have until February 23, 2009 in which to submit an affidavit of in digen cy and a certified copy of his trust fund account statement for the period beginning approxim ately June 29, 2008 and ending approximately December 29, 2008. If, by February 23, 2009, plaintiff fails to respond to this order, I will assume that he wishes to withdraw the severed actions voluntarily. In that event, the clerk of court is directed to close those 4 files without prejudice to plaintiff's filing his severed cases at a later date. E n tered this 2 n d day of February, 2009. B Y THE COURT: /s/ _ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ B AR B AR A B. CRABB D istrict Judge 5

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