Winston v. Rapelje

Filing 10

ORDER consolidating cases 12-14475 and 14-14655. Signed by District Judge Stephen J. Murphy, III. (DPer)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
BARUCH WINSTON,
Petitioner,

Case Nos. 12-cv-14475 and 14-cv-14655

v.

HONORABLE STEPHEN J. MURPHY, III

THOMAS WINN,
Respondent.
/
ORDER CONSOLIDATING CASES
Baruch Winston, a Michigan Department of Corrections prisoner, filed a second
petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254, challenging his Wayne
County Circuit Court conviction for first-degree criminal sexual conduct.
Winston’s first habeas petition was assigned to the Court under Case Number 1214475. That case was dismissed without prejudice because Winston had not exhausted
his state court remedies. The order closing the case specifically directed Winston to file a
motion to re-open that case after he completed state court review. No. 12-14475, ECF No.
5. Winston did not file a motion to re-open the case as directed, but he did file an amended
petition under that case number on March 14, 2014. Winston then filed the instant case,
Case Number 14-14655, challenging the same conviction.
Federal Rule of Civil Procedure 42(a) provides as follows:
(a) Consolidation. If actions before the court involve a common question of
law or fact, the court may:
(1) join for hearing or trial any or all matters at issue in the actions;
(2) consolidate the actions; or
(3) issue any other orders to avoid unnecessary cost or delay.
Fed. R. Civ. P. 42(a).

It is within the discretion of the district court to determine whether cases involving the
same factual and legal questions should be consolidated. Stemler v. Burke, 344 F.2d 393,
396 (6th Cir. 1965). In the instant case, Winston is challenging the same conviction in both
cases. Because the two cases involve common questions of fact and law, the Court will
consolidate the two cases pursuant to Civil Rule 42(a).
ORDER
WHEREFORE, it is hereby ORDERED that Case Numbers 12-14475 and 14-14655
are hereby CONSOLIDATED. The Clerk of the Court shall docket a copy of this order in
both cases.
IT IS FURTHER ORDERED that the Clerk shall docket all of the documents filed in
Case Number 14-14655 in Case Number 12-14475. All future documents shall be filed
under Case Number 12-14475.
IT IS FURTHER ORDERED that Case Number 12-14475 is RE-OPENED.
IT IS FURTHER ORDERED that Case Number 14-14655 is DISMISSED.
SO ORDERED.

s/Stephen J. Murphy, III
STEPHEN J. MURPHY, III
United States District Judge
Dated: July 20, 2015
I hereby certify that a copy of the foregoing document was served upon the parties and/or
counsel of record on July 20, 2015, by electronic and/or ordinary mail.
s/Carol Cohron
Case Manager

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