Casanova v. Ryan

Filing 4

///ORDER denying as moot 3 Motion to Proceed in forma pauperis. The clerk's office shall close this case. All future filings related to this case shall be docketed in case no. 10-cv-485-JD, and Casanova shall place that docket number on all such filings. So Ordered by Magistrate Judge Landya B. McCafferty. (vln) Modified on 5/24/2011 to correct "DATE FILED" from 5/24/11 to 5/23/11: (jeb).

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW HAMPSHIRE

Daniel Casanova
v.

Civil No. 10-cv-485-JD

Hillsborough County Department
of Corrections, Superintendent, et al.

Daniel Casanova
v.

Civil No. 11-cv-193-JL

Hillsborough County Department
of Corrections, Superintendent, et al.

Daniel Casanova
v.

Civil No. 11-cv-219-PB

Denise Ryan et al.

O R D E R
Pro se prisoner, Daniel Casanova, has filed three lawsuits
against defendants including administrators, employees, and
agencies of the Hillsborough County Department of Corrections.
Casanova is proceeding in forma pauperis in the first two cases,
and his motion to proceed in forma pauperis in the third case is

currently pending (Civ. No. 11-cv-219-PB, doc. no. 3).

For

reasons explained below, the court: (1) directs that the three
cases be redocketed as a single case; (2) vacates the order
granting him in forma pauperis status in case no. 11-cv-193-JL
(doc. no. 5); and (3) denies as moot the motion to proceed in
forma pauperis in case no. 11-cv-219-PB (doc. no. 3).
Having reviewed all three complaints, the court concludes
that Casanova has intended to file only one lawsuit and should
be liable for only one filing fee, pursuant to 28 U.S.C. § 1915.
This order is intended to combine all three cases into one case,
which will permit Casanova to proceed in forma pauperis on all
of his claims without paying the filing fee for more than one
case.

Background
Casanova’s three lawsuits name as defendants the
Hillsborough County Medical Department and individuals who are
corrections officers, nurses, and administrators at the
Hillsborough County Department of Corrections.

The claims in

all three cases relate to injuries Casanova asserts he suffered
when corrections officers assaulted him and the HCDOC medical
and administrative staff failed to treat him.

2

Upon reviewing the first two complaints to determine if
they stated a claim upon which relief could be granted, pursuant
to 28 U.S.C. § 1915A and Local Rule (“LR”) 4.3(d)(2), the court
on May 17, 2011, determined that it required additional
information from the plaintiff before it could conclude whether
dismissal of claims in those cases would be appropriate.

The

court therefore issued an order in each case granting Casanova
leave to amend the complaints filed in case numbers 10-cv-485-JD
(doc. no. 18) and 11-cv-193-JL (doc. no. 8).

The court

specifically directed Casanova to show how the claims asserted
in case number 11-cv-193-JL differed from the claims asserted in
the original case, no. 10-cv-485-JD.
The facts alleged in the third lawsuit, concerning
defendants Ryan, Weatherbee, and O’Mara, do not substantially
alter the court’s determination that Casanova must file an
amended complaint to avoid dismissal of certain claims he has
asserted, as set forth in the orders issued on May 17, 2011, in
case nos. 10-cv-485-JD (doc. no. 18) and 11-cv-193-JL (doc. no.
8).

Therefore, before this court will complete a preliminary

review of all of the claims asserted here, Casanova shall
continue to be granted an opportunity to file an amended
complaint on or before June 16, 2011.

3

Conclusion
In the interest of justice and judicial efficiency, the
court issues the following orders:
1.

The clerk’s office shall redocket the complaints filed

in 11-cv-193-JL (doc. no. 1) and 11-cv-219-PB (doc. no. 1) as
“addenda” to the complaint filed in 10-cv-485-JD.
2.

The motion to proceed in forma pauperis filed in case

no. 11-cv-219-PB (doc. no. 3) shall be denied as moot.
3.

The order granting the motion to proceed in forma

pauperis, issued in case no. 11-cv-193-JL (doc. no. 5), shall be
vacated.
4.

The clerk’s office shall notify the Hillsborough

County Department of Corrections inmate account administrator of
this order, so that plaintiff’s inmate account will be assessed
a filing fee only for case no. 10-cv-485-JD, and not for case
nos. 11-cv-193-JL or 11-cv-219-PB.
5.

The clerk’s office shall redocket the order granting

leave to amend the complaint in case no. 11-cv-193-JL (doc. no.
8) as an order granting leave to amend the complaint in case no.
10-cv-485-JD.

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6.

The clerk’s office shall close case nos. 11-cv-193-JL

and 11-cv-219-PB.
7.

All future filings relating to these cases shall be

docketed in case no. 10-cv-485-JD, and Casanova shall place that
docket number on all such filings.
SO ORDERED.

______________________________
Landya McCafferty
United States Magistrate Judge
Date: May 23, 2011
cc:

Daniel Casanova, pro se

LBM:nmd

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