Trice v. McDonald

Filing 52

ORDER CONSOLIDATING for All Purposes Cases 1:11-cv-00951 LJO SKO HC and 1:13-cv-01561 AWI BAM HC on the Court's Own Motion; ORDER DIRECTING the Clerk to Close Action Number 1:13-cv-01561 AWI BAM HC; ORDER DIRECTING the Parties to File in the Future All Papers in Action Number 1:11-cv-00951 LJO SKO HC, signed by Magistrate Judge Sheila K. Oberto on 9/2/14. (Hellings, J)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 11 KEVIN LAQUIN TRICE, 12 13 v. Petitioner, 14 MARTIN BITER, Warden 15 Respondent. 16 ------------------------------17 TOMMY NICHOLS, 18 19 Petitioner, Case No. 1:11-cv-00951-LJO-SKO-HC Case No. 1:13-cv-01561-AWI-BAM-HC ORDER CONSOLIDATING FOR ALL PURPOSES CASES 1:11-cv-00951-LJO-SKO-HC AND 1:13-cv-01561-AWI-BAM-HC ON THE COURT’S OWN MOTION ORDER DIRECTING THE CLERK TO CLOSE ACTION NUMBER 1:13-CV-1561-AWI-BAM-HC ORDER DIRECTING THE PARTIES TO FILE IN THE FUTURE ALL PAPERS IN ACTION NUMBER 1:11-0951-LJO-SKO-HC v. 20 PLEASANT VALLEY STATE PRISON 21 WARDEN, 22 Respondent. 23 24 Petitioner Trice and Petitioner Nichols are prisoners 25 proceeding pro se and in forma pauperis with petitions for writ of 26 habeas corpus pursuant to 28 U.S.C. § 2254. The matters have been 27 referred to the Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1) 28 and Local Rules 302 and 303. 1 1 I. Background 2 Petitioners were jointly tried and convicted of the murder of a 3 single victim and related offenses. 4 cases is lengthy. The record pertinent to both Petitioner Nichols raises issues relating to 5 alleged due process violations resulting from the admission of 6 identifications of all co-defendants; these issues are also raised 7 by Petitioner Trice. Both cases are ready for decision. 8 II. 9 Fed. R. Civ. P. 42(a) provides: 10 11 12 13 14 Analysis a) Consolidation. If actions before the court involve a common question of law or fact, the court may: 1) join for hearing or trial any or all matters at issue in the actions; 2) consolidate the actions; or 3) issue any other orders to avoid unnecessary cost or delay. 15 A trial court has broad discretion to consolidate in whole or in 16 part cases pending in the same district. Investors Research Co. v. 17 United States District Court, 877 F.2d 777 (9th Cir. 1989). 18 However, it is necessary that the actions have a common question of 19 law or fact. Enterprise Bank v. Saettele, 21 F.3d 233, 235 (8th 20 Cir. 1994). The purpose of consolidation is not only to enhance 21 efficiency of the trial court by avoiding unnecessary duplication of 22 evidence and procedures, but also to avoid inconsistent 23 adjudications. E.E.O.C. v. HBE Corp., 135 F.3d 543, 551 (8th Cir. 24 1998). Consolidation is inappropriate if it leads to inefficiency, 25 inconvenience, or unfair prejudice to a party. Fed. R. Civ. P. 26 42(b). The Court should weigh the interests of judicial convenience 27 against any potential for delay, confusion, and prejudice caused by 28 consolidation. Southwest Marine, Inc. v. Triple A Machine Shop, 2 1 Inc., 720 F.Supp. 805, 807 (N.D. Cal. 1989). 2 Consolidation may be ordered on motion of any party to the 3 action or on the Court’s own motion. Devlin v. Transportation 4 Communications International Union, 175 F.3d 121, 130 (2nd Cir. 5 1999). 6 Here, the identity issues raised by Petitioner Nichols are also 7 raised by Petitioner; the actions contain common questions of law 8 and fact. Consolidation would be efficient and would also avoid the 9 risk of inconsistent adjudications. No potential for delay, 10 confusion, or prejudice from consolidation appears. Thus, the Court 11 will direct that the cases be consolidated. 12 III. Disposition 13 Accordingly, it is ORDERED that: 14 1) Actions 1:11-cv-00951-LJO-SKO-HC and 1:13-cv-01561-AWI-BAM- 15 HC are CONSOLIDATED for all purposes; 16 2) The parties are DIRECTED to file all future papers in action 17 number 1:11-cv-00951-LJO-SKO-HC; and 18 3. The Clerk of Court is DIRECTED to file all future papers in 19 action number 1:11-cv-00951-LJO-SKO-HC, and to close action number 20 1:13-cv-01561-AWI-BAM-HC. 21 22 23 IT IS SO ORDERED. 24 25 Dated: September 2, 2014 /s/ Sheila K. Oberto UNITED STATES MAGISTRATE JUDGE 26 27 28 3

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