Moussa v. NH State Prison, Warden

Filing 7

PROPOSED CONSOLIDATION ORDER re 1 Petition for Writ of Habeas Corpus. Unless Petitioner files an objection to consolidation within fourteen days of the date of this order, this case will be consolidated into civil case no. 12-cv-14-SM. (Follow up on Objection on 3/20/2012.) So Ordered by Magistrate Judge Landya B. McCafferty.(cmp)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW HAMPSHIRE
Saad Moussa
v.

Civil No. 12-cv-014-SM

Warden, New Hampshire State Prison
Saad Moussa
v.

Civil No. 12-cv-015-JL

Warden, New Hampshire State Prison
O R D E R
Pending before the court are two federal habeas petitions,
filed simultaneously by Saad Moussa and docketed as two separate
actions, as captioned above.

For the reasons that follow, the

court orders that the cases be consolidated, unless Moussa files
an objection to consolidation within fourteen days.
Saad Moussa was convicted after a jury trial of six
offenses, including five counts of stalking and one count of
witness tampering.

All the offenses concerned crimes alleged to

have been committed against Moussa’s wife.

The charges were

prosecuted in a single jury trial.
Moussa has now filed two habeas petitions in this court.
The first, docketed as 12-cv-14-SM, challenges three stalking
offenses.

The second, docketed as 12-cv-15-JL, challenges one

stalking charge and the witness tampering charge.1

Moussa raises

different claims in each petition, but all of the claims in both
petitions arise out of the same criminal prosecution and the
same state court record.

The petitions are therefore related

and should be consolidated for all purposes.

See Fed. R. Civ.

P. 42(a)(2) (authorizing consolidation of actions involving
common question of law or fact); United States District Court
District of New Hampshire Local Rule (“LR”) 42.1(c) (authorizing
court to enter an initial order to consolidate related cases,
subject to objection).
Accordingly, unless Moussa files an objection within
fourteen days of the date of this order, these petitions shall
be consolidated into the first-docketed petition, Moussa v.
Warden, New Hampshire State Prison, 10-cv-14-SM, and an order
consolidating the petitions, for all purposes, shall issue.
Any objection or other response to this order filed by
Moussa must include the docket numbers for both cases in the

1

Moussa previously filed a federal habeas petition in this
court challenging a different misdemeanor stalking charge. See
Moussa v. N.H. State Prison, No. 10-cv-31-SM (D.N.H. filed Jan.
28, 2010). That habeas petition was dismissed for lack of
jurisdiction, as Moussa failed to demonstrate that he was in
custody pursuant to the challenged conviction. See Moussa v.
N.H. State Prison, No. 10-cv-31-SM, 2010 WL 2465558 (D.N.H. June
14, 2010) (order approving report and recommendation, 2010 WL
2465557 (D.N.H. May 25, 2010), and dismissing petition).
2

caption, and shall be filed in each of the above-referenced
cases.

This order shall also be docketed in each case.

SO ORDERED.

_________________________________
Landya McCafferty
United States Magistrate Judge
Date:
cc:

March 6, 2012

Saad Moussa, pro se

LBM:jba

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