Davies v.De La Vega, et al.

Filing 19

ORDER signed by Magistrate Judge Carolyn K. Delaney on 12/18/14 granting 16 Motion to Consolidate Cases as follows: The clerk of the court is directed to close 2:14-cv-2833 DAD P and file a copy of this order in that action. In his amended compla int, plaintiff is free to assert claims presented in his complaint 2:14-cv-2833 DAD P, but only to the extent that 1. administrative remedies were exhausted before filing of this action, and 2. to the extent joinder of any defendant is permissible under FRCP 20(a)(2)(Plummer, M)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

AVON DAVIES,

12

Plaintiff,

13
14

No. 2:14-cv-2831 CKD P

v.

ORDER

M. DELAVEGA, et al.,

15

Defendants.

16
Plaintiff is a state prisoner proceeding pro se. Recently, the court dismissed plaintiff’s 42

17
18

U.S.C. § 1983 complaint with leave to amend. On December 16, 2014, plaintiff filed a motion

19

asking that 2:14-cv-2833 DAD P be consolidated with this action.
The court has reviewed the complaint in 2:14-cv-2833 DAD P and finds that there appears

20
21

to be no reason not to honor plaintiff’s request that this action and 2:14-cv-2833 DAD P proceed

22

as one action.

23

Accordingly IT IS HEREBY ORDERED that:

24

1. Plaintiff’s “Ex Parte Request to Consolidate Actions” (ECF No. 16) is granted as

25

follows:

26

A. The Clerk of the Court is directed to close 2:14-cv-2833 DAD P and file a

27

copy of this order in that action.

28

/////
1

1

B. In his amended complaint, plaintiff is free to assert claims presented in his

2

complaint in 2:14-cv-2833 DAD P, but only to the extent 1) administrative

3

remedies were exhausted before the filing of this action and 2) to the extent joinder

4

of any defendant to this action is permissible under Federal Rule of Civil

5

Procedure 20(a)(2).

6

Dated: December 18, 2014

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

7
8
9
10
11
12

1
davi2831.con

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2