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Shabazz v. Schofield

United States District Court, M.D. Tennessee, Nashville Division

October 10, 2014

OMOWALE ASHANTI SHABAZZ, Plaintiff,
v.
DERRICK SCHOFIELD, et al., Defendants.

JURY DEMAND

E. CLIFTON KNOWLES, Magistrate Judge.

REPORT AND RECOMMENDATION

The Court held a Case Management Conference in this action on October 8, 2014. Counsel for the State Defendants who have been served, counsel for Corizon, Inc., and Mr. Shabazz were present. Plaintiff, a pro se prisoner, filed his original Complaint against 36 Defendants. Docket No. 1. The Court undertook a frivolity review pursuant to 28 U.S.C. § 1915A and determined that Plaintiff had failed to state a claim upon which relief could be granted as to 7 Defendants, and they were dismissed. Docket No. 7.

Plaintiff was permitted to amend his Complaint on two occasions. Docket Nos. 15, 323. His latest Complaint, filed with leave of Court, is headed "Amended and Supplemental Verified Complaint." Docket No. 323. In that 218 page Complaint, Plaintiff has sued 39 Defendants in three different prisons, as well as administrators of the Tennessee Department of Correction and two corporate contract healthcare providers.

As of the date of the submission of this Report and Recommendation, there are 378 docket entries in this action. In the opinion of the undersigned, the case as it exists at the present time is essentially unmanageable.

Rule 21 of the Federal Rules of Civil Procedure provides:

Misjoinder parties is not a ground for dismissing an action. On motion or on its own, the court may at any time, on just terms, add or drop a party. The court may also sever any claim against a party .

(Emphasis added.)

As one noted authority has stated,

The courts have properly concluded that they may issue orders under Rule 21... to structure a case for the efficient administration of justice

...

In appropriate instances, the court may sever a claim to facilitate its transfer to another venue....

Moore's Federal Practice 3d § 21.02[1], p. 21-3 to 21-4 (footnote and citations omitted).

Moore's further states, "The Rule vests great discretion in the court in determining whether to... order severance." Id., § 21.02[4], p. 21-11 (footnote omitted). Moore's also states that courts "should not hesitate to severe claims based on different factual situations from that of the main action." Id., § 21.02[4], p. 21-15. Finally, "Rule 21 gives the court tools to jettison ...


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