Gates v. Nicholson

Filing 7

MEMORANDUM OPINION AND ORDER Signed by the Honorable Robert M. Dow, Jr on 6/3/2015. Mailed notice(cdh, )

IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
Lamon Gates,

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Plaintiff,
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Case No. 15 C 4214
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v.
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Judge Robert M. Dow, Jr.
A/W of Operation Nicholson,
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Defendant.
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Lamon Gates,
Plaintiff,
v.
A/W of Operation Nicholson,
Defendant.

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Case No. 15 C 4215

Judge Robert M. Dow, Jr.

ORDER
The Court on its own motion administratively closes Case No. 15 C 4215 as duplicative of
Case No. 14 C 4214. Under Case No. 15 C 4214, Plaintiff is directed to submit a
consolidated/amended complaint setting forth all claims relating to his confinement at the
Stateville Northern Reception and Classification Center. Failure to amend within 28 days of the
date of this order will result in denial of leave to proceed in forma pauperis and summary dismissal
of Case No. 15 C 4214 as well. The Court directs the Clerk to provide Plaintiff with an amended
civil rights complaint form, instructions, and a blank USM-285 form along with a copy of this
order.
STATEMENT
Plaintiff Lamon Gates, a former Illinois state prisoner, has filed two separate pro se civil
rights actions pursuant to 42 U.S.C. § 1983. In both lawsuits, Gates sues an Assistant Warden
Nicholson in relation to his confinement in Stateville’s Northern Reception and Classification
Center, beginning at 8:30 a.m. on November 14, 2014. Gates maintains that various deprivations
and hardships there constituted cruel and unusual punishment.

Under Fed. R. Civ. P. 42, “If actions before the court involve a common question of law or
fact, the court may: * * * (2) consolidate the actions[.]” The two complaints involve common
questions of fact, as they both arise from Plaintiff’s confinement in Stateville’s Northern
Reception and Classification Center, beginning at 8:30 a.m. on November 14, 2014. The Court
discerns no good reason for pursuing two separate lawsuits. Accordingly, the Court consolidates
the two actions under Rule 42. Gates should submit a single, consolidated/amended complaint
under Case No. 15 C 4214. The consolidated/amended complaint should set forth any and all
claims Gates may have against Defendant Nicholson arising from Gates’ detention at Stateville
NRC.
For the foregoing reasons, the Court on its own motion administratively closes Case No. 15
C 4215 and directs Gates to submit a consolidated/amended complaint under Case No. 15 C 4214
raising any and all claims against Defendant Nicholson.
Failure to submit a
consolidated/amended complaint within thirty days of the date of this order will result in denial of
leave to proceed in forma pauperis and summary dismissal of Case No. 14 C 4214 as well, on the
understanding that Gates does not wish to pursue his claims.

Dated: June 3, 2015

____________________________
Robert M. Dow, Jr.
United States District Judge

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