Knuckles v. Department of the Army et al

Filing 4

ORDER directing the plaintiff to notify the Court within 10 days whether she intended to have 2 complaints or it was an amended complaint (Compliance due by 8/17/2015). Signed by Magistrate Judge Brian K. Epps on 8/6/15. (cmr)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF GEORGIA
AUGUSTA DIVISION
JENIQUA IRENE KNUCKLES,
Plaintiff,
v.

DEPARTMENT OF THE ARMY and
CHRISTOPHER KENNY, Attorney,

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Defendants.
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JENIQUA IRENE KNUCKLES,
Plaintiff,
v.

DEPARTMENT OF THE ARMY,
Dwight D. Eisenhower Army
Medical Center; KELLY ELDER;
DEBORAH WOODS;
and CHRISTOPHER KENNY,
Defendants.

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CV 115-077

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CV 115-116

ORDER
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On May 29, 2015, Plaintiff submitted to the Court for filing a complaint brought
pursuant to 42 U.S.C. § 1983. Knuckles v. Dep’t of the Army, CV 115-077, doc. no. 1 (S.D.
Ga. May 29, 2015). Eleven days later, on June 9, 2015, Plaintiff submitted to the Court for
filing another complaint brought pursuant to § 1983. Knuckles v. Dept. of the Army, CV

115-085, doc. no. 1 (S.D. Ga. June 9, 2015). Plaintiff voluntarily dismissed case number CV
115-085 after this Court identified that it appeared Plaintiff had merely filed another copy of
the complaint in case number CV 115-077. Id., doc. nos. 5, 6, 7.
Similarly, on August 3, 2015, Plaintiff submitted to the Court for filing another
complaint brought pursuant to § 1983. Knuckles v. Dep’t of the Army, CV 115-116, doc. no.
1 (S.D. Ga. Aug. 3, 2015). This complaint contains similar relief sought and statement of
facts as case number CV 115-077. Compare Knuckles v. Dep’t of the Army, CV 115-077,
doc. no. 1, pp. 3-5 with Knuckles v. Dep’t of the Army, CV 115-116, doc. no. 1, pp. 3-5.
However, the later-filed complaint contains a more detailed and updated statement of facts,
including events from July 2015, and an attached “Complaint for Injunctive Relief.” See
Knuckles v. Dep’t of the Army, CV 115-116, doc. no. 1, pp. 3-10.
Therefore, it appears that Plaintiff may have intended to simply file an amended
complaint in case number CV 115-077. Accordingly, Plaintiff shall have ten days from the
date of this Order to notify the Court whether she intended to file two separate cases and be
potentially responsible for a total of $700 in filing fees. Should Plaintiff fail to respond to
this Order, (1) the Court will presume Plaintiff did not intend to open a new case, (2) case
number CV 115-077 will proceed in the normal course of business with the amended
complaint against Defendants named in the amended complaint, and (3) case number CV
115-116 will be dismissed.
SO ORDERED this 6th day of August, 2015, at Augusta, Georgia.

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