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Kerry-X v. Pennsylvania Department of Corrections

May 10, 2013

KERRY-X [MARSHALL], PLAINTIFF
v.
PENNSYLVANIA DEPARTMENT OF CORRECTIONS, ET AL., DEFENDANTS



The opinion of the court was delivered by: (judge Mannion)

MEMORANDUM AND ORDER*fn1

On January 24, 2012, Plaintiff, Kerry-X Marshall, filed the above captioned, pro se action, on behalf of himself and four other individuals,*fn2 in the United States District Court for the Western District of Pennsylvania, at Civil No. 2:12-cv-00082. (See Doc. No. 7).

On February 1, 2012, Magistrate Judge Kelly issued a Report and Recommendation, recommending, inter alia, that the four parties who did not sign the Complaint be dismissed, and that the remaining claims be transferred to the United States District Court for the Middle District of Pennsylvania. (Doc. No. 2).

On February 17, 2012, Judge Bissoon adopted the Report and Recommendations in full, dismissed the four non-signatory Plaintiffs, and transferred the action to this Court. (Doc. No. 6).

On May 15, 2012, the Court, inter alia, denied Plaintiff's motion for preliminary injunction and directed the United States Marshal to serve the Complaint upon Defendants. (Doc. No. 21.) The United States Marshal Service served the Complaint on May 17, 2012. (See Doc. No. 28).

Presently before the Court are motions for permissive joinder, pursuant to Fed.R.Civ.P. 20, filed by James "Shakoor" Townsend, an inmate at the Mahanoy State Correctional Institution, Frackville, Pennsylvania, (See Doc. No. 17), and Shawn "Mustafa" Saunders, an inmate at the State Correctional Institution, Graterford, Pennsylvania. (See Doc. No. 23). For the reasons set forth below, these motions will be denied.

Discussion

In Hagan v. Rogers, 570 F.3d 146 (3d Cir.2009), the United States Court of Appeals for the Third Circuit addressed certain considerations applicable to civil cases in which multiple prisoner-plaintiffs seek to join in one action pursuant to Rule 20.*fn3

Rule 20 of the Federal Rules of Civil Procedure provides the following regarding permissive joinder of parties:

(1) Plaintiffs. Persons may join in one action as plaintiffs if:

(A) they assert any right to relief jointly, severally, or in the alternative with respect to or arising out of the same transaction, occurrence, or series of transactions or occurrences; and

(B) any question of law or fact common to all plaintiffs will arise in the action.

(2) Defendants. Persons ... may be joined in one action as defendants if:

(A) any right to relief is asserted against them jointly, severally, or in the alternative with respect to or arising out of the same transaction, occurrence, or ...


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