Muldrew v. Courtney

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IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
TEXARKANA DIVISION
QUARTAUIS DEMONTEZ MULDREW 	PLAINTIFF
v. 	Civil No. 4:24-CV-04085-BAB
CAPTAIN JAMES WISE;
OFFICER KAREN GHORMLEY;
SHERIFF STEVEN OTTWELL;
and DEPUTY TURNER REED 	DEFENDANTS
ORDER TO SEVER
Plaintiff, Quartauis Demontez Muldrew, currently an inmate of the Hempstead County
Detention Center in Hope, Arkansas, originally submitted his pro se civil rights Complaint under
42 U.S.C. 1983 on August 8, 2024. (ECF No. 1). The Court granted Plaintiff’s in forma pauperis
(IFP) status on the same day. (ECF No. 3).
In his Complaint Plaintiff alleges four claims. First, he alleges Defendant Deputy Turner
Reed from the Hempstead County Sheriff’s Office improperly searched and seized him and
evidence during his arrest. (ECF No. 1, p. 4). Second, Plaintiff claims Defendant Captain Wise,
from Hempstead County Detention Center (“HCDC”), denied him mental health care on an
undisclosed date. 	(ECF No. 1, p. 6). 	Third, Plaintiff claims Karen Ghormley, of the Nevada
County Detention Center (“NCDC”) violated his constitutional rights on July 14, 2014 through the
conditions of his confinement in the NCDC. (ECF No. 1, p. 9). Finally, in Plaintiff’s last claim
he sates Defendant Steven Ottwell, also from the NCDC, violated his constitutional rights on July
14, 2024 through the conditions of his confinement. (ECF No. 1, p. 10).
“Although plaintiff generally has the prerogative of joining multiple defendants or bringing
separate actions, there are limitations on this right.” 7 Charles Alan Wright, Arthur R. Miller &
Mary Kay Kane, Fed. Prac. & Proc. Civ. § 1657 (3d ed. 1998 & Supp. 2021). Rule 20(a)(2) of the
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Federal Rules of Civil Procedure provides:
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 series of
transactions or occurrences; and
(B) any question of law or fact common to all defendants will arise in the action.
Fed. R. Civ. P. 20(a)(2).
In this case, there is no logical relationship between Plaintiff’s claims against the
Hempstead County Defendants and the Nevada County Defendants. 	The claims arise out of
different occurrences in different locations. Rule 21 provides that “[m]isjoinder of parties is not a
ground for dismissing an action.” Fed. R. Civ. P. 21. However, the Court may at any time drop
parties or sever any claim against a party. Id. “‘[S]everance under Rule 21 creates two separate
actions where previously there was but one.’” Reinholdson v. Minnesota, 346 F.3d 847, 850 (8th
Cir. 2003) (quoting United States v. O’Neil, 709 F.2d 361, 368 (5th Cir. 1983)).
Accordingly, the Clerk is directed to:
(1) sever the Plaintiff’s claim against the Nevada County Defendants and open a separate
lawsuit in Plaintiff’s name listing Officer Karen Ghormley and Deputy Steven Otwell as
the Defendants;
(2) file a copy of the Complaint in the severed case;
(3) file a copy of this Order in the severed case;
Plaintiff is also directed to file an Amended Complaint in both cases. 	The Clerk is
directed to mail Plaintiff two court-approved 1983 complaint and one in forma pauperis (“IFP”)
forms. Plaintiff must file a new IFP application in the new case but not the instant case. Plaintiff
is directed to file the Amended Complaints and IFP by no later than September 27, 2024.
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Plaintiff is advised that failure to comply with this Order shall result in the dismissal of both
cases.
IT IS SO ORDERED this 6th day of September 2024.
/s/ Barry A. Bryant
HON. BARRY A. BRYANT
UNITED STATES MAGISTRATE JUDGE
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