Owens v. Allen et al

Filing 36

MEMORANDUM AND ORDER, the Court hereby CONSOLIDATES Owens v. Baldwin, 15-cv-1085-JPGDGW with Owens v. Allen, 14-cv-00055-JPG-DGW. Signed by Judge J. Phil Gilbert on 11/24/2015. (jdh)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
JAMES OWENS,

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Plaintiff,
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vs.
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GINA ALLEN, et al.,
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Defendants.
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___________________________________ )
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JAMES OWENS,
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Plaintiff,
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vs.
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JOHN R. BALDWIN and
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SANDRA FUNK,
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Defendants,
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)

Case No. 14-cv-00055-JPG-DGW

Consolidated with:

Case No. 15-cv-01085-JPG-DGW

MEMORANDUM AND ORDER
This matter comes before the Court on Plaintiff James Owens’ Motion (Doc. 3, 15-cv01085) for Joiner of Civil Suits which the court will construe as a Motion for Consolidation of
Owens v. Baldwin, 15-cv-1085-JPG-DGW with Owens v. Allen, 14-cv-00055. The Defendants
have not filed a response and the time for doing so has expired.
Pursuant to Federal Rule of Civil Procedure 42(a) the Court has discretion to consolidate
actions that involve a common question of law or fact.

These cases involve allegations with

regard to the transfer of the Plaintiff from Pinckneyville to Menard Correctional Center in 2011.
As such, both cases involve common questions of law and fact.

Therefore, the Court GRANTS Plaintiff’s Motion (Doc. 3, 15-cv-01085) for Joiner of
Civil Suits which the court construed as a Motion for Consolidation. For the purposes of
discovery and trial, the Court hereby CONSOLIDATES Owens v. Baldwin, 15-cv-1085-JPGDGW with Owens v. Allen, 14-cv-00055-JPG-DGW.
All future filing shall bear the consolidated caption used in this order and shall be filed
ONLY in Owens v. Baldwin (Case Number 14-cv-00055-JPG-DGW). The Court will strike any
filings in Case Number 15-cv-01085-JPG-DGW subsequent to this order.
The Clerk of Court is DIRECTED to CONSOLIDATE these cases and to file a copy of
this Order in both cases.
IT IS SO ORDERED.
DATED: 11/24/2015
s/J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE