Gardner v. Hobbs

Filing 4

ORDER OF CONSOLIDATION finding that consolidation of cases 5:14CV00131 JLH/BD and 5:14CV00158 JLH/BD is appropriate. Case No. 5:14CV131, is designated as the lead case. All pleadings should be filed in that case. The Clerk is directed to close Case Number 5:14CV158. Signed by Magistrate Judge Beth Deere on 5/1/2014. (thd)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
GARY W. GARDNER
ADC #95674
VS.

PETITIONER
CASE NO.: 5:14CV00131 JLH/BD

RAY HOBBS, Director,
Arkansas Department of Correction

RESPONDENT
AND

GARY W. GARDNER
ADC #95674
VS.

PETITIONER
CASE NO.: 5:14CV00158 JLH/BD

RAY HOBBS, Director,
Arkansas Department of Correction

RESPONDENT

ORDER OF CONSOLIDATION
On April 9, 2014, Petitioner Gary W. Gardner filed a petition for a writ of habeas
corpus alleging improper calculation of his good-conduct time. (Docket entry #2) Mr.
Gardner has now filed a second, identical petition for writ of habeas corpus. The Clerk
has assigned docket number 5:14CV158 to the second petition.
Federal Rule of Civil Procedure 42(a) provides that “[i]f actions before the court
involve a common question of law or fact,” the court may consolidate the actions. The
Court can apply the Federal Rules of Procedure to habeas proceedings. Rule 12, Rules
Governing § 2254 Cases in United States District Courts.

Having reviewed both petitions, the Court finds that consolidation is appropriate.
The petitions not only involve a common question of law or fact, but also are identical in
all respects, except for the verification dates.
In accordance with the practice in the Eastern District of Arkansas, the first-filed
case, Gardner v. Hobbs, 5:14CV131, is designated as the lead case. All pleadings should
be filed in that case. The Clerk is directed to close Case Number 5:14CV158.
IT IS SO ORDERED this 1st day of May, 2014.

___________________________________
UNITED STATES MAGISTRATE JUDGE

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