THOMAS v. LUMPKIN et al
ORDER: It is ORDERED that this case, 5:16-CV-78-MTT-CHW, be CONSOLIDATED into Thomas v. Lumpkin, 5:15-CV-403-CAR-CHW, and that the present case, 5:16-CV-78-MTT-CHW, be ADMINISTRATIVELY CLOSED. Ordered by US DISTRICT JUDGE MARC THOMAS TREADWELL on 7/5/2016. (tlh)
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
TRACEY LUMPKIN, et al.,
Plaintiff Milton Thomas has filed a pro se complaint seeking relief pursuant to 42
U.S.C. § 1983. In his Complaint, Plaintiff alleges he fell from his top bunk on November
17, 2014, seriously injuring his back, knee, and wrist. (Compl. 5, ECF No. 1.) Plaintiff
contends Defendants failed to provide him adequate medical assistance for these injuries
and also violated his constitutional rights by forcing him to sleep on a top bunk despite
his age and physical and mental condition. See, e.g., id. at 5. Plaintiff has, however,
already initiated another lawsuit making similar allegations against many of the same
Defendants named in the above-captioned lawsuit. This action therefore involves the
same parties and brings claims that appear to be closely related to those alleged in
Plaintiff’s pending lawsuit.
Rule 42(a) of the Federal Rules of Civil Procedure authorizes this Court to
consolidate actions that “involve a common question of law or fact.”1 Consolidation of
“[T]he lack of any Rule 42(a) motion from any party in either of the two cases is no
impediment to consolidation if the relevant considerations warrant same.” Chambers v.
Plaintiff’s cases will conserve judicial resources and permit the efficient resolution of
Plaintiff’s claims. It is therefore ORDERED that this case, 5:16-CV-78-MTT-CHW, be
CONSOLIDATED into Thomas v. Lumpkin, 5:15-CV-403-CAR-CHW, and that the
present case, 5:16-CV-78-MTT-CHW, be ADMINISTRATIVELY CLOSED.
SO ORDERED, this 5th day of July, 2016.
S/ Marc T. Treadwell
MARC T. TREADWELL, JUDGE
UNITED STATES DISTRICT COURT
Cooney, No. 07-0373-WS-B, 2007 WL 3287364, at *1 (S.D. Ala. Nov. 2, 2007) (citing
Devlin v. Transp. Comm. Int’l Union, 175 F.3d 121, 130 (2d Cir. 1999) (“A district court
can consolidate related cases under Federal Rule of Civil Procedure 42(a) sua sponte.”)).
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