Halley v. Walker

CourtDistrict Court, S.D. New York
DecidedJuly 29, 2022
Docket1:22-cv-06559
StatusUnknown

This text of Halley v. Walker (Halley v. Walker) is published on Counsel Stack Legal Research, covering District Court, S.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Halley v. Walker, (S.D.N.Y. 2022).

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK MAURICE MAYO; WILLIAM HARRIS; RANDOLPH MAXWELL; JEFFREY McVAY; CAMERON WALTERS; CLYDE REID; JAHSAUN WASHINGTON; RONDELL HALLEY; MARK STEVENS; SHAWN SCALES; ANDREW WILLIAMS, and all detainees on Riker’s Island known & unknown, 1:22-CV-5810 (LTS) Petitioners, ORDER -against- S. WALKER, Warden at R.N.D.C. C-74, Respondent. LAURA TAYLOR SWAIN, Chief United States District Judge: Petitioners Maurice Mayo, William Harris, Randolph Maxwell, Jeffrey McVay, Cameron Walters, Clyde Reid, Jahsaun Washington, Rondell Halley, Mark Stevens, Shawn Scales, and Andrew Williams, who, at the time of filing, were held in the Robert N. Davoren Center on Rikers Island, filed this pro se petition for a writ of habeas corpus on their own behalves and on the behalves of other Rikers Island prisoners. For the reasons set forth below, the Court severs, under Rule 21 of the Federal Rules of Civil Procedure, the claims of Petitioners Harris, Maxwell, McVay, Walters, Reid, Washington, Halley, Stevens, Scales, and Williams. The Court also directs Petitioner Mayo to, within 30 days, either pay the $5.00 filing fee to bring his habeas corpus action or complete, sign, and submit a request to proceed in forma pauperis. DISCUSSION A. Petitioners Harris, Maxwell, McVay, Walters, Reid, Washington, Halley, Stevens, Scales, and Williams Generally, Rule 20 of the Federal Rules of Civil Procedure allows multiple litigants to join in one action if: (1) they assert any right to relief arising out of the same occurrence or series of occurrences, and (2) any question of law or fact in common to all litigants will arise in the action. See Fed. R. Civ. P. 20(a)(1); Kalie v. Bank of Am. Corp., 297 F.R.D. 552, 557 (S.D.N.Y. 2013) (courts “look to the logical relationship between the claims and determine ‘whether the essential facts of the various claims are so logically connected that considerations of judicial

economy and fairness dictate that all the issues be resolved in one lawsuit’” (quoting United States v. Aquavella, 615 F.2d 12, 22 (2d Cir. 1979))). Courts have the authority to deny joinder, or to order severance, under Rule 21 of the Federal Rules of Civil Procedure, even without a finding that joinder is improper, if joinder “will not foster the objectives of the rule, but will result in prejudice, expense or delay.” Wright & Miller, Fed. Prac. & Proc. § 1652 (3d ed.) (footnote omitted); see Fed. R. Civ. P. 21; Wyndham Assocs. v. Bintliff, 398 F.2d 614, 618 (2d Cir. 1968) (Rule 21 “authorizes the severance of any claim, even without a finding of improper joinder, where there are sufficient other reasons for ordering a severance”); Ghaly v. USDA, 228 F. Supp. 2d 283, 292 (S.D.N.Y. 2002) (noting that “district courts have broad discretion to decide whether joinder is appropriate, even when the

requirements of Rule 20(a) have been met”) (citations omitted). In determining whether to deny joinder or order severance, courts consider the requirements of Rule 20 and additional factors, “including (1) whether severance will serve judicial economy; (2) whether prejudice to the parties would be caused by severance; and (3) whether the claims involve different witnesses and evidence.” Kehr ex rel. Kehr v. Yamaha Motor Corp., 596 F. Supp. 2d 821, 826 (S.D.N.Y. 2008) (considering a motion to sever under Rules 20 and 21); see also Laureano v. Goord, No. 06-CV-7845, 2007 WL 2826649, at *8 (SD.N.Y. Aug. 31, 2007) (when considering severance, “courts should be guided by ‘considerations of convenience, avoidance of prejudice to the parties, and efficiency’” (quoting Hecht v. City of New York, 217 F.R.D. 148, 150 (S.D.N.Y. 2003)), report & recommendation adopted, 2007 WL 2852770 (S.D.N.Y. Sept. 28, 2007). In the habeas corpus context, within the Second Circuit, multiple petitioners may seek habeas corpus relief in one action in order to avoid “considerable expenditure of judicial time

and energy in hearing and deciding numerous individual petitions presenting the identical issue,“ United States ex rel. Sero v. Preiser, 506 F.2d 1115, 1126 (2d Cir. 1974), but only so long as such an action is “uncluttered by subsidiary issues,” id. at 1125-26; see Ferreyra v. Decker, 456 F. Supp. 3d 538, 544 (S.D.N.Y. 2020) (denying the respondents’ request to sever a habeas corpus action brought by multiple petitioners because “considerations of judicial economy and fairness argue persuasively for the construction of a procedure such as this multi-party habeas action, where Petitioners shar[e] certain complaints about the legality of their confinement.”) (citations omitted, alteration in original); Valenzuela Arias v. Decker, No. 20-CV-2802, 2020 WL 1847986, at *3 (S.D.N.Y. Apr. 10, 2020) (“Here, Petitioners allege shared harms, including the alleged systemic failure of Respondents to identify and protect individuals in the . . . Jail who are at high

risk of complications from COVID-19. If there were ever an extraordinary circumstance warranting a multi-party habeas petition to allow for expeditious resolution of the claims before the Court, it would be this case.”). Petitioners’ claims, at first glance, appear to be similar in nature; each petitioner asserts that every court in New York City is committing “fraud [–] [t]hey are illegally waiving [Petitioners’ and other Rikers Island prisoners’] constitutional right to [a] grand jury and holding [Petitioners and the other prisoners] on a superior court information. . . . [Moreover,] [t]hey are conspiring with the District Attorneys to violate all of [Petitioners’ and the other prisoners’] constitutional rights. . . .” (ECF 1, at 2-3.) The Court finds, however, that the realities of managing this litigation while the 11 petitioners are incarcerated militate against adjudicating their claims in one action for four reasons. First, Petitioners’ claims for habeas corpus relief do not present identical issues, and they are “[]cluttered by subsidiary issues,” United States ex rel. Sero, 506 F.2d at 1125-26; the

circumstances, charges, underlying facts, and procedural contexts of each petitioner’s state-court criminal proceedings, as well as the alleged associated constitutional violations, are unique to each petitioner. Thus, it is unlikely that one habeas corpus action could effectively and efficiently address each petitioner’s claims for relief.1 Second, as pro se litigants, each petitioner may appear only on his own behalf; one may not appear as an attorney for another person. See United States ex rel. Mergent Servs. v. Flaherty, 540 F.3d 89, 92 (2d Cir.

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Related

United States Ex Rel. Lois Sero v. Peter Preiser
506 F.2d 1115 (Second Circuit, 1975)
Hagan v. Rogers
570 F.3d 146 (Third Circuit, 2009)
United States Ex Rel. Mergent Services v. Flaherty
540 F.3d 89 (Second Circuit, 2008)
Kehr Ex Rel. Kehr v. Yamaha Motor Corp., USA
596 F. Supp. 2d 821 (S.D. New York, 2008)
Ghaly v. United States Department of Agriculture
228 F. Supp. 2d 283 (S.D. New York, 2002)
Iannaccone v. Law
142 F.3d 553 (Second Circuit, 1998)
Hecht v. City of New York
217 F.R.D. 148 (S.D. New York, 2003)
Kalie v. Bank of America Corp.
297 F.R.D. 552 (S.D. New York, 2013)

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Bluebook (online)
Halley v. Walker, Counsel Stack Legal Research, https://law.counselstack.com/opinion/halley-v-walker-nysd-2022.