December 23, 2024 |
Filing
55
MEMORANDUM AND ORDER The Motion to Take Notice, Filing No. 41 , is granted to the extent the Court is on notice that at the time of its filing all Plaintiffs sought to proceed jointly in this action. Meier's Motion to Sever, Filing No. 51 , is granted to the extent that Meier seeks to proceed individually and to be severed from the Non-Lead Plaintiffs. However, as the Court sua sponte determines that all Plaintiffs must proceed individually, the Court shall sever Plaintiff Turner, Pla intiff Ivory, Plaintiff Curiel, and Plaintiff Pickens from this case and Plaintiff Meier shall remain as the sole plaintiff in this case number 8:24:CV389. Each of the Non-Lead Plaintiffs, Turner, Ivory, Curiel, and Pickens, are severed from this ca se. The Clerk of the Court is directed to: (a) open a new case file for each of the Non-Lead Plaintiffs, Turner, Ivory, Curiel, and Pickens, listing each as the sole plaintiff, (b) copy all docket entries from the present file into the new case files , (c) file this Memorandum and Order in all new cases, and (d) terminate Michael Ray Turner, Miguel Curiel, Craig Carnell Pickens, and Shannon Turner Ivory as parties in the present case. The motion to proceed in forma pauperis filed by Meier, Filing No. 29 , is granted. Meier must pay an initial partial filing fee of $65.35 within 30 days unless the Court extends the time in which he has to pay in response to a written motion. After payment of the initial partial filing fee, Meier' ;s institution must collect the additional monthly payments in the manner set forth in 28 U.S.C. § 1915(b)(2), quoted above, and forward those payments to the Court. The Clerk's Office is directed to send a copy of this order to the appro priate official at Meier's institution. The initial motions to proceed in forma pauperis filed by Curiel, Filing No. 25 , Turner, Filing No. 27 , Ivory, Filing No. 28 , and Pickens, Filing No. 30 , shall be denied as moot. The Court shall ab stain from addressing the Amended IFP Motions filed by Pickens, Filing No. 42 , Ivory, Filing No. 43 , Turner, Filing No. 46 , and Curiel, Filing No. 45 , until new cases have been created for Curiel, Turner, Ivory, and Pickens. The Clerk' s Office is directed to set a pro se case management deadline in this case using the following text: January 22, 2025: initial partial filing fee payment for Meier due. Meier's Motion to Appoint Counsel, Filing No. 52 , is denied witho ut prejudice to reassertion. In consideration of the motions seeking to supplement the Complaint filed by Meier, Ivory, Turner, and Pickens, Filing Nos. 23 , 31 , 32 , 33 , and 34 , those motions shall be denied. Meier shall be given 30 days in which to file an amended complaint on his own behalf, and the Court will then review his amended complaint to determine whether summary dismissal is appropriate under 28 U.S.C. §§ 1915(e)(2) and 1915A. Any amended complaint filed by Meier will supersede, rather than supplement, the Complaint. Meier is reminded that in his amended complaint he must include all of the claims he wishes to pursue against all individuals named as defendants in this case and any other defendant that he wishes to proceed against. Meier should be mindful to explain in his amended complaint what each defendant did to him, when and where the defendant did it, and how the defendant's actions harmed him. While Meier may incorporate the claims ma de in his prior Complaint and supplements by reference, Meier must be sure to provide a complete listing of claims and facts in support of those claims in his amended complaint. In conjunction with addressing the Amended IFP Motions after severance o f Curiel, Turner, Ivory, and Pickens' claims, this Court shall address the amendment of Curiel, Turner, Ivory, and Pickens' individual complaints. Ordered by Senior Judge Joseph F. Bataillon. (Copy mailed to pro se parties) (LRM) Modified on 12/23/2024 to reflect that a copy was also mailed to the plaintiff's institution (LRM).
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