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Mincy v. Klem

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA


August 3, 2009

HILTON KARRIEM MINCY, PLAINTIFF
v.
EDWARD KLEM, ET AL., DEFENDANTS

The opinion of the court was delivered by: Judge Conner

ORDER

AND NOW, this 3rd day of August, 2009, upon consideration of pro se plaintiff's motion (Doc. 11) for separation of the parties, wherein plaintiff requests that the court separate the above-captioned matter into two distinct civil actions concerning (1) those defendants and claims associated with the state correctional institution at Albion ("SCI Albion") and (2) those defendants and claims associated with the state correctional institution at Mahoney ("SCI Mahoney"),*fn1 (see id.), and upon further consideration of defendant's motion (Doc. 16) to dismiss, in response to which plaintiff has filed a request (Doc. 20) that the court dismiss defendants' motion (Doc. 16) to dismiss pending disposition of the motion (Doc. 11) for separation of the parties, (see Doc. 20 ¶ 7), it is hereby ORDERED that:

1. Plaintiff's motion (Doc. 11) for separation of the parties is GRANTED in part and DENIED in part as follows:

a. The motion is GRANTED to the extent that plaintiff seeks permission to file two amended complaints, one of which shall set forth the claims against the SCI Albion defendants, and one of which shall set forth the claims against the SCI Mahoney defendants.

b. Pursuant to the court's review of the amended complaints, the court may separate the defendants and claims in order to further the interests of judicial economy.

c. The motion is DENIED in all other respects.

2. The Clerk of Court is instructed to FORWARD to plaintiff two copies of the court's form civil rights complaint, which plaintiff shall utilize to facilitate his proposed separation of the defendants and claims in the above-captioned matter.

3. Both forms shall be filed as "proposed amended complaint" and shall contain Civil Action Number 1:CV-07-0790. The averments contained in the complaints shall be direct, concise, and shall stand alone without reference to any other document filed in this matter. See FED. R. CIV. P. 8(e). Plaintiff shall not be permitted to attach any exhibits to the filings, as specified in the civil rights form.

4. Plaintiff shall file his proposed amended complaints on or before August 31, 2009.

5. Defendants' motion (Doc. 16) to dismiss is DENIED without prejudice as moot.

CHRISTOPHER C. CONNER United States District Judge


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