Davidson v. Emmins et al

Filing 13

ORDER directing the plaintiff to notify the Court within 10 days of this order, whether he intended to open a new case (CV316-028) or amend this case. (Compliance due by 5/31/2016). Signed by Magistrate Judge Brian K. Epps on 5/19/16. (cmr)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF GEORGIA
AUGUSTA DIVISION
GERALD DAVIDSON,

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Plaintiff,
v.

WARDEN S. EMMINS, et al.,

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Defendants.
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GERALD A. DAVIDSON,
Plaintiff,
v.

WARDEN S. EMMINS, et al.,
Defendants.

CV 316-025

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CV 316-028

ORDER
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On March 24, 2016, Plaintiff submitted a complaint brought pursuant to 42 U.S.C. §
1983 in the Northern District of Georgia. Davidson v. Emmins, CV 316-025, doc. no. 1
(S.D. Ga. Mar. 31, 2016). Fourteen days later, on April 7, 2016, Plaintiff submitted another
complaint brought pursuant to § 1983 in the Northern District of Georgia. Davidson v.
Emmins, CV 316-028, doc. no. 1 (S.D. Ga. Apr. 14, 2016). Both cases were transferred from
the Northern District of Georgia to the Southern District of Georgia because both of

Plaintiff’s complaints concern events that occurred at Johnson State Prison. CV 316-025,
doc. no. 3; CV 316-028, doc. no. 3.
Both complaints contain similar Defendants, allegations of deliberate indifference,
and underlying facts. Compare CV 316-025, doc. no. 1, pp. 2-26, with CV 316-028, doc. no.
1, pp. 3-4. For example, in both complaints Plaintiff claims (1) mistreatment by the same
medical professionals; (2) deliberate indifference to Plaintiff’s sores on his face, neck and
back; (3) being denied Wellbutrin, a medication; and (4) that medical health professionals
intentionally tampered with one of Plaintiff’s blood samples. See CV 316-025, doc. no. 1;
CV 316-028, doc. no. 1. Although the later-filed complaint is shorter, it is properly filed on
the form for 42 U.S.C. § 1983 actions in the Northern District of Georgia, contains a more
precise description of Plaintiff’s claim, and is more organizationally structured.

See

generally CV 316-028, doc. no. 1.
Therefore, it appears that Plaintiff may have intended to simply file an amended
complaint in case number CV 316-025. Accordingly, Plaintiff shall have ten days from the
date of this Order to notify the Court whether he 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 315-025 will proceed in the normal course of business with the amended
complaint against Defendants named in the amended complaint, and (3) case number CV

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315-028 will be dismissed.
SO ORDERED this 19th day of May, 2016, at Augusta, Georgia.

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