Andrew A. Bills and Bryan Cary v. Bristoll, et al.

Summary

The United States District Court for the Eastern District of Michigan severed Andrew A. Bills’s claims from Bryan Cary’s claims in a prisoner civil rights action concerning removal from a Suboxone medication-assisted treatment program. The court dismissed Cary without prejudice, directed him to file a separate complaint if he wished to proceed, granted Bills leave to proceed in forma pauperis, and ordered Bills to file an amended complaint limited to his claims.

Holdings

1. The court severed Bills's claims from Cary's and declined to permit the two pro se prisoner plaintiffs to proceed jointly.
2. Misjoinder was not a sufficient basis to dismiss the entire case; the court instead dismissed the complaint without prejudice as to Cary and directed him to file a separate action if he wished to proceed.
3. Bills was directed to file an amended complaint alleging only facts and claims pertaining to him.
4. Bills's application to proceed without prepayment of fees was granted, subject to payment of the full filing fee in installments.

Questions Presented

1. Whether the two incarcerated pro se plaintiffs should remain joined in a single action under Federal Rule of Civil Procedure 20.
2. Whether the court could dismiss the complaint without prejudice as to one misjoined plaintiff and require him to proceed in a separate action.
3. Whether Bills should be permitted to amend his complaint to allege only facts and claims pertaining to him.
4. Whether Bills qualified to proceed in forma pauperis under 28 U.S.C. § 1915.

Disposition

other