Knuckles v. Department of the Army et al

Filing 5

ORDER directing the Clerk to dismiss this case without prejudice and terminate all pending motions. Additionally, Knuckles v. Dep't of Army, CV 115-077 will proceed and the court directs the Clerk to re-docket in that case as an amended complaint the complaint that Plaintiff filed in Knuckles v. Dep't of the Army, CV115-116, doc. no. 1. Signed by Magistrate Judge Brian K. Epps on 08/21/2015. (thb) Modified on 8/21/2015 (thb).

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 pointed out that 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.
On August 6, 2015, the Court ordered Plaintiff to notify the Court within ten days
whether she intended to file two separate cases. (Id. at doc. no. 4.) The Court warned
Plaintiff that if she did not respond to the August 6th Order, (1) the Court would presume
Plaintiff did not intend to open a new case, (2) case number CV 115-077 would proceed in
the normal course of business with the amended complaint, and (3) case number CV 115-116
would be dismissed. See Knuckles v. Dep’t of the Army, CV 115-077, doc. no. 8 and
Knuckles v. Dep’t of the Army, CV 115-116, doc. no. 4.
Plaintiff did not respond to the Court’s order in either case. Accordingly, Plaintiff has
expressed her desire to voluntarily dismiss Knuckles v. Dep’t of the Army, CV 115-116. As
no defendant has filed an answer or a motion for summary judgment, the Court DIRECTS
the clerk to DISMISS Knuckles v. Dep’t of the Army, CV 115-116 without prejudice and
terminate all pending motions. Additionally, Knuckles v. Dep’t of the Army, CV 115-077
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will proceed and the court DIRECTS the CLERK to re-docket in that case as an amended
complaint the complaint that Plaintiff filed in Knuckles v. Dep’t of the Army, CV 115-116,
doc. no. 1.
SO ORDERED this 21st day of August, 2015, at Augusta, Georgia.

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