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)

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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 -2-

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