Ward v. Wolfenbarger

Filing 205

OPINION AND ORDER consolidating habeas petitions. Signed by District Judge Arthur J. Tarnow. (DPer)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
MICHAEL CHARLES WARD,

Petitioner,

Civil Nos. 03-CV-72701/72858-DT
HONORABLE ARTHUR J. TARNOW
UNITED STATES DISTRICT JUDGE

v.
HUGH WOLFENBARGER,
Respondent,
________________________________/

OPINION AND ORDER CONSOLIDATING THE HABEAS PETITIONS
On July 14, 2014, this case was remanded by the United States Court of
Appeals from the Sixth Circuit for a determination of whether petitioner’s 1971
convictions, which this Court had ordered expunged, were still being used by the
Michigan Department of Corrections (M.D.O.C.) to classify petitioner and to
determine his parole eligibility on his 1981 conviction. The parties have yet to file
supplemental pleadings. For the reasons stated below, the Court orders the
consolidation of petitioner’s two habeas cases.
Petitioner’s two habeas petitions (Case # 03-72701-DT and # 03-72858DT) raised identical claims. The Court had earlier consolidated these two cases
prior to granting petitioner relief on his claims. Following remand from the Sixth
Circuit, petitioner’s two cases were opened separately by the Clerk of the Court.

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In the interests of time and judicial economy, the Court will once again
consolidate petitioner’s two habeas applications into one action pursuant to
Fed.R.Civ. P. 42. See Bernal v. Helman, 958 F. Supp. 349, 351-52 (N.D. Ill.
1997).

IT IS HEREBY ORDERED that Cases # 03-CV-72701 and # 03-72858 be
consoidated into one action.
s/Arthur J. Tarnow
HON. ARTHUR J. TARNOW
UNITED STATES DISTRICT COURT
DATED: February 10, 2016

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