Helton v. Christian et al

Filing 7

ORDER consolidating case into Helton v. Burks, 1:11-CV-77-WLS-TLQ. Present case, 5:11-CV-255-MTT-CHW, shall be administratively closed. Ordered by Judge Marc Thomas Treadwell on 7/19/2011. (tlh)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
MACON DIVISION

RANDY GERALD HELTON,

:
:
Plaintiff
:
:
vs.
:
:
REMIKA CHRISTIAN, et. al.,
:
:
Defendants
:
______________________________:

No. 5:11-CV-255 -MTT - CHW

ORDER
Plaintiff RANDY GERALD HELTON, a prisoner at the Calhoun State Prison in
Morgan, Georgia has filed a pro se civil rights complaint under 42 U.S.C. § 1983. He
also seeks leave to proceed without prepayment of the $350.00 filing fee or security
therefor pursuant to 28 U.S.C. § 1915(a). On July 8, 2011, this Court granted Plaintiff's
Motion to Proceed in forma pauperis but found that Plaintiff had sufficient funds to now
prepay a portion of the filing fee. The Court thus ordered Plaintiff to pay an initial partial
filing fee of $ 3.40. To date, he has failed to do so. A review of Plaintiff’s Complaint,
however, reveals that Plaintiff has filed a previous lawsuit involving these same facts:
Helton v. Burks, 1:11-CV-77-WLS-TQL. This case is still pending.
Rule 42(a) of the Federal Rules of Civil Procedure authorizes the Court to
consolidate actions that “involve a common question of law or fact.” The allegations
contained in the present Complaint are repeated in Plaintiff’s other suit, which also
alleges additional claims against Defendants named in this action. Because the
allegations contained in the two complaints are clearly related, the Court finds that there
is no need for the actions to proceed independently.
Accordingly, the Court hereby ORDERS that the instant case, 5:11-CV-255 MTTCHW, be CONSOLIDATED into Helton v. Burks, 1:11-CV-77-WLS-TQL and that the

present case, 5:11-CV-255, be ADMINISTRATIVELY CLOSED.

SO ORDERED, this 19th day of July, 2011.
S/Marc T. Treadwell
MARC THOMAS TREADWELL, JUDGE
UNITED STATES DISTRICT COURT
jlr

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