Opinion
No. 2:01-CV-0272
November 14, 2002
ORDER TO SHOW CAUSE WHY CLAIMS SHOULD NOT BE SEVERED
Plaintiff DONALD R. BRADLEY, proceeding pro se and while a prisoner incarcerated in the Texas Department of Criminal Justice, Institutional Division, has filed suit pursuant to Title 42, United States Code, Section 1983 complaining against the above-named defendants and asking to proceed in forma pauperis.
Review of plaintiffs complaint shows he alleges defendant BASSE improperly diagnosed his medical condition, causing plaintiff to receive several disciplinary cases for refusing to work. Plaintiff alleges defendant ROBERTS threatened to kill him.
Rule 18, Federal Rules of Civil Procedure, allows a plaintiff to join "either as independent or as alternate claims, as many claims, legal, equitable, or maritime, as the party has against an opposing party." Rule 20, Federal Rules of Civil Procedure, allows the joinder of several parties if the claims arose out of a single transaction and contain a question of fact or law common to all the defendants.
It does not appear that plaintiffs claims against these two defendants arose from a single transaction or that they contain a question of fact or law common to both defendants, as required by Rule 20, Federal Rules of Civil Procedure. Consequently, it appears plaintiff has attempted to pursue, in a single suit, claims which belong in two separate lawsuits.
Because the Court recognizes plaintiff is proceeding pro se, plaintiff is being given an opportunity to inform the Court of any reason why these two claims should be allowed in a single lawsuit.
IT IS HEREBY ORDERED:
Plaintiff shall have fourteen days, or until November 28, 2001, to file a response and show cause why plaintiffs claims should not be severed and plaintiff required to pursue his claims in two lawsuits, with responsibility for two filing fees, instead of one.