Taylor v. Brown

Dist. Ct. erred in severing one of plaintiff-prisoner’s claims in section 1983 action against defendants-prison officials, and in opening new case with severed claim, in assessing plaintiff second filing fee and then dismissing with prejudice severed claim after plaintiff had failed to pay second filing fee. Although plaintiff’s complaint included misjoined defendant that formed basis of severance order, Dist. Ct. should have offered plaintiff opportunity to amend complaint under Rule 15 to cure any misjoined claim rather than require that plaintiff dismiss said claim. Moreover, plaintiff had submitted to prison authorities for e-filing his motion to voluntarily dismiss instant severed claim within deadline set by Dist. Ct. As such, plaintiff’s motion was timely under prison mailbox rule, and thus Dist. Ct. should not have severed plaintiff’s claim or imposed second filing fee.