Saddozai v. Atchley

Opinion

1 2 3 4 5 6 7 10 SHIKEB SADDOZAI, 11 Case No. 20-cv-07534 BLF (PR) Plaintiff, 12 ORDER DENYING MOTION TO v. COMPEL JOINDER OF PARTY 13

M.B. ATCHLEY, et al., 14 Defendants. (Docket No. 107) 15

17 18 Plaintiff, a state inmate, filed the instant pro se civil rights action pursuant to 42 19 U.S.C. § 1983 against Defendant S. Tomlinson at Salinas Valley State Prison (“SVSP”) for 20 a First Amendment free speech violation. Dkt. No. 38. After settlement proceedings were 21 unsuccessful, this matter was referred to the Federal Pro Se Program, to find counsel if 22 possible to represent Plaintiff for trial. Dkt. No. 99. This matter is currently stayed 23 pending the referral. 24 Plaintiff has filed a motion to compel joinder of the CDCR as a party to this action 25 under Federal Rules of Civil Procedure 19(a)(2) and 21. Dkt. No. 107. Previously, the 26 Court denied Plaintiff’s motion for a temporary restraining order and preliminary 27 injunction to prevent his transfer from his current place of confinement, SQRC, and his 1 to be Plaintiff’s latest attempt to involve the CDCR as a party to obtain injunctive relief 2 against the department. Defendant filed an opposition. Dkt. No. 108. 3 Rule 21 permits the court to add or drop a party at any time on motion or on its 4 own. Fed. R. Civ. P. 21. Rule 19 requires the joinder of parties, if feasible, in the 5 following circumstances: “(A) in that person’s absence, the court cannot accord complete 6 relief among existing parties; or (B) that person claims an interest relating to the subject of 7 the action and is so situated that disposing of the action in that person’s absence may: (1) 8 as a practical matter impair or impede the person’s ability to protect the interest; or (2) 9 leave an existing party subject to a substantial risk of incurring double, multiple, or 10 otherwise inconsistent obligations because of the interest.” Fed. R. Civ. P. 11 19(a)(1)(A)&(B). 12 This action involves a freedom of speech claim against Defendant Tomlinson 13 arising from an incident in 2020. Plaintiff fails to explain how joining the CDCR is 14 necessary to accord complete relief or that the CDCR claims an interest relating to the 15 freedom of speech claim that may impede their ability to protect that interest or subject it 16 to substantial risk. Rather, he asserts that he has a potential claim against the CDCR “to 17 the same extent and of the same type as the existing defendant in this action.” Dkt. No. 18 107 at 2. However, Plaintiff then proceeds to allege new claims involving retaliation and 19 interference with his ability to litigate cases, which have no connection with his freedom of 20 speech claim from 2020. See Dkt. No. 85 at 4-5. Accordingly, the Court finds joinder of 21 the CDCR is not required under Rule 19. The motion on that basis is DENIED. 22 To the extent Plaintiff is attempting to add new claims against a new defendant to 23 this action, the Court finds no basis to allow him to do so at this late stage in the 24 proceedings and after he was thrice granted leave to amend. See Dkt. Nos. 14, 21, 36. 25 Accordingly, the Court will not entertain such a request. See Wagh v. Metris Direct, Inc., 26 363 F.3d 821, 830 (9th Cir. 2003) (district court’s discretion to deny leave to amend 1 || Bonzelet, 963 F.2d 1258, 1261 (9th Cir. 1992). He must file such claims in a new separate 2 || action and be subject to the related filing fees. 3 Lastly, Plaintiff repeats his arguments from previous motions that injunctive relief 4 || against the CDCR is warranted to prevent his transfer to another prison. Dkt. No. 107 at 5 || 12-14. As mentioned above, the Court already considered and denied Plaintiff's motion 6 || for injunctive relief and found no basis to reconsider its denial. See supra at 1. Defendant 7 || also asserts that any such request is moot because as of May 30, 2025, Plaintiff is now 8 || incarcerated at Pelican Bay State Prison. Dkt. No. 108 at 7, fn. 5. Accordingly, the motion g || to join the CDCR on this basis is DENIED. 10 This order terminates Docket No. 107. 12 || Dated: _June 5, 2025 feoiinfhacian _ BETH LABSON FREEMAN 13 United States District Judge 15 16

Oo Z 18 19 20 21 22 23 24 25 Order Denying Motion for Joinder PRO-SE\BLF\CR.20\07534Saddozai_deny.joinder 26 27