Davidson v. Emmins et al

Filing 15

ORDER directing the Clerk to dismiss CV316-028 and this case will proceed. Signed by Magistrate Judge Brian K. Epps on 6/8/16. (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.
On May 19, 2016, the Court directed Plaintiff to notify the court whether he intended
to open CV 316-028 as a separate case or if he merely intended to file an amended complaint
in CV 316-025. (Doc. no. 6.) On May 30, 2016, Plaintiff responded that his intention was to
combine CV 316-025 with CV 316-028, with CV 316-028 serving as an amendment to CV
316-025. (Doc. no. 7, p. 1.) In light of this information, the Court DIRECTS the Clerk to
DISMISS Davidson v. Emmins, CV 316-028 without prejudice and terminate all pending
motions.

Additionally, Davidson v. Emmins, CV 316-025 will proceed and the Court

DIRECTS the CLERK to re-docket in that case as an amended complaint the complaint
Plaintiff filed in Davidson v. Emmins, CV 316-028, doc. no. 1.
SO ORDERED this 8th day of June, 2016, at Augusta, Georgia.

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