Opinion
C23-6044-KKE-MLP
12-05-2023
JONATHAN DWAYNE RUFFIN, Plaintiff, v. PIERCE COUNTY COUNCIL, et al., Defendants.
ORDER TO SHOW CAUSE
MICHELLE L. PETERSON UNITED STATES MAGISTRATE JUDGE
Plaintiff Jonathan Ruffin is currently confined at the Pierce County Jail in Tacoma, Washington. He has submitted to the Court for filing a proposed civil rights complaint under 42 U.S.C. § 1983, together with an application to proceed with this action in forma pauperis (“IFP”). (See dkt. ## 1, 1-1.) Plaintiff alleges in his complaint violations of his constitutional rights relating to plumbing and sewer conditions in various housing units at the Pierce County Jail, which include sewage backups in the toilets and ongoing serious sanitation issues. (See dkt. #1-1.) Plaintiff identifies the following Defendants in his complaint: the Pierce County Council; Naphcare, the medical provider for the Pierce County Jail; Patti Jackson, Pierce County Chief of Corrections; and Pierce County Corrections Officers Desmond and Smith. (See id. at 3, 12.) Plaintiff seeks declaratory and injunctive relief, and damages. (See id. at 13-14.)
A review of this Courts records reveals that the claims asserted by Plaintiff in the instant action are substantially similar to those asserted by Plaintiff in a separate pending action which is proceeding under cause number C23-5541-TSZ-SKV. It appears that this Court's interest in judicial economy would be best served by requiring Plaintiff to pursue all claims relating to plumbing and sewage issues at the Pierce County Jail in a single action.
Accordingly, the Court hereby ORDERS as follows:
(1) Plaintiff shall show cause not later than December 29, 2023, why the instant complaint and action should not be dismissed as duplicative of the action proceeding under cause number C23-5541-TSZ-SKV. Plaintiff is advised that his failure to timely respond to this Order will result in a recommendation that this action be dismissed for failure to prosecute.
(2) Plaintiff's application to proceed IFP (dkt. # 1) is STRICKEN from the Court's calendar pending receipt of Plaintiff's response to this Order.
(3) The Clerk is directed to send copies of this Order to Plaintiff and to the Honorable Kymberly K. Evanson. The Clerk is further directed to note this matter for the Court's consideration of Plaintiff's response to the Order to Show Cause on December 29, 2023.