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Jeffries v. Lappin

December 8, 2009

VERNALL A. JEFFRIES, PLAINTIFF
v.
HARLEY G. LAPPIN, ET. AL., DEFENDANTS



The opinion of the court was delivered by: Judge Conner

ORDER

AND NOW, this 8th day of December, 2009, upon consideration of plaintiff's motion for leave (Doc. 43) to file a second amended complaint, and it appearing that the proposed amendments run afoul of the requirements of permissive joinder set forth in Federal Rule of Civil Procedure 20(a)(1)(A), in that plaintiff seeks to add another plaintiff and several new defendants, and includes allegations that do not involve the same transactions or occurrences but, rather, makes reference to random events unrelated to the allegations of the amended complaint (Doc. 32), and that allowance of the amendment would unduly prejudice defendants*fn1, it is hereby

ORDERED that:

1. Plaintiff's motion for leave to amend (Doc. 43) is DENIED without prejudice to plaintiff's right to file a separate action.

2. Plaintiff's motion for appointment of counsel (Doc. 44) is DENIED for the reasons cited in prior orders of court (Docs. 12, 26).

3. Defendants' motion for an extension of time (Doc. 46) to file an answer is GRANTED. Defendants may file an answer or respond to plaintiff's amended complaint (Doc. 32) on or before December 21, 2009.

CHRISTOPHER C. CONNER United States ...


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