ALSTON v. THOMAS et al

Filing 6

ORDER that this case be consolidated into case no. 5:16-cv-358, and that the present case, 5:16-cv-533 be administratively closed. Ordered by US DISTRICT JUDGE C ASHLEY ROYAL on 1/13/17. (lap)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
MACON DIVISION
DENNIS E. ALSTON,

:
:
Plaintiff,
:
VS.
:
:
THOMAS, et al.,
:
:
Defendant.
:
________________________________ :

NO. 5:16-CV-533-CAR-MSH

ORDER
Plaintiff Dennis E. Alston has filed a pro se Complaint seeking relief pursuant to
42 U.S.C. § 1983. In this Complaint, Plaintiff alleges that on February 7, 2016, prison
guards used excessive force against him, causing injury that requires surgery. (Compl. 5,
ECF No. 1.) Plaintiff further alleges that prison officials have not provided him with
adequate medical treatment regarding those injuries. Id. Plaintiff has, however, already
initiated another lawsuit alleging constitutional violations with regard to this same
incident. See Alston v. Hill, No. 5:16-cv-00358-CAR-CHW (M.D. Ga. Aug. 8, 2016).
This action therefore brings claims that appear to be closely related to those alleged in
Plaintiff’s pending lawsuit and appears to involve many of the same parties.
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

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“[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.
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

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-533-CAR-MSH, be
CONSOLIDATED into Alston v. Hill, No. 5:16-cv-00358-CAR-CHW, and that the
present case, 5:16-cv-533-CAR-MSH, be ADMINISTRATIVELY CLOSED.
SO ORDERED, this 13th day of January, 2017.
S/ C. Ashley Royal
C. ASHLEY ROYAL, JUDGE
UNITED STATES DISTRICT COURT

can consolidate related cases under Federal Rule of Civil Procedure 42(a) sua sponte.”)).
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