NANCE v. BONDS et al

Filing 15

MEMORANDUM ORDER denying 14 Motion to Consolidate Cases. Directing Clerk make a new and separate entry, marking this matter RE-OPENED. Summons shall not issue at this time as the court has not yet completed the screening process. Plaintiff' ;s Motion to consolidate shall be reinstated and Denied; said Motion will be adjudicated in the first-filed case as required by local rule. Ordered that this matter is temporarily STAYED until the Motion to Consolidate in Plaintiff's First-filed action is adjudicated. nm 4/13. Signed by Judge Noel L. Hillman on 4/13/17. (jbk, )

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
______________________________
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:
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Plaintiff,
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v.
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WILLIE BONDS, et al.,
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Defendant.
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______________________________:
LYLE D. NANCE,

Civ. No. 17-679 (NLH)
MEMORANDUM ORDER

It appearing that:
1. On or about January 19, 2017, Plaintiff Lyle D. Nance
(“Plaintiff”) filed the instant civil rights action alleging
various violations of his rights under 42 U.S.C. § 1983 while he
was incarcerated at South Woods State Prison and East Jersey
State Prison.
2.

(ECF No. 1.)

At the same time, Plaintiff filed a separate action for

other violations of his § 1983 rights while he was confined at
East Jersey State Prison.
17-672.)

(See Nance v. Nogan, Civil Action No.

That case was allocated to the Newark vicinage and

assigned to the Honorable Madeleine Cox Arleo, U.S.D.J.
3.

In both of these matters, Plaintiff submitted a motion

to consolidate.

(ECF No. 1-4; Nance v. Nogan, Civil Action No.

17-672, ECF No. 1-2.)

Also in both cases, Plaintiff submitted a

deficient application to proceed in forma pauperis.

(ECF No. 1-

3; Nance v. Nogan, Civil Action No. 17-672, ECF No. 1-1.)
4.

On February 13, 2017, this Court entered an Opinion and

Order denying Petitioner application to proceed in forma
pauperis.

On February 7th, Judge Arleo

(ECF Nos. 2, 3.)

similarly denied his application to proceed in forma pauperis.
(Nance v. Nogan, Civil Action No. 17-672, ECF No. 2.)
5.

On February 27, 2017, Plaintiff submitted a

certification in the instant matter, outlining the steps he has
taken to obtain a certified six month account statement, as
required by this Court’s previous Opinion and Order denying his
in forma pauperis application. (ECF No. 6.)
6.

On March 6, 2017, Plaintiff paid the filing fee in his

case before Judge Arleo.
672.)

On March 27, 2017, Plaintiff paid the filing fee in the

instant case.
7.

(Nance v. Nogan, Civil Action No. 17-

(ECF No. 11.)

Based upon Plaintiff’s payment of the filing fee, the

Court will direct the Clerk of the Court to re-open this matter.
Pursuant to local rule, the Motion to Consolidate, which has
been filed in both actions, will be handled by Judge Arleo, as
she has the first-filed case.

See L. CIV. R. 42.1 (“A motion to

consolidate two or more civil cases pending upon the docket of
the Court shall be filed in the cases bearing the earliest
docket number. That motion shall be adjudicated by the Judge to
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whom that case is assigned.”).

As such, the Court will deny the

Motion to Consolidate in this matter.
8.

Because of the pending Motion to Consolidate in

Plaintiff’s case before Judge Arleo, the Court will temporarily
stay this matter.

Upon resolution of that Motion, the stay will

be lifted and Plaintiff’s Complaint will be screened pursuant to
28 U.S.C. § 1915A.

See 28 U.S.C. § 1915A (“The court shall

review, before docketing, if feasible or, in any event, as soon
as practicable after docketing, a complaint in a civil action in
which a prisoner seeks redress from a governmental entity or
officer or employee of a governmental entity.”).
In light of the foregoing,
IT IS on this

13th

day of

April

, 2017,

ORDERED that the Clerk of the Court shall make a new and
separate entry marking this matter RE-OPENED; the Clerk shall
also re-instate Plaintiff’s Motion to Consolidate (ECF No. 14)and it is further
ORDERED that the Complaint shall be filed; and it is
further
ORDERED that SUMMONS SHALL NOT ISSUE, at this time, as the
Court’s sua sponte screening has not yet been completed; and it
is further
ORDERED that the Motion to Consolidate filed in the instant
matter (ECF No. 1-4) is DENIED; said Motion will be adjudicated
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in the first-filed case, as required by Local Rule; and it is
further
ORDERED that this matter is temporarily STAYED until the
Motion to Consolidate in Plaintiff’s first-filed action is
adjudicated; and it is further
ORDERED that the Clerk of the Court shall serve a copy of
this Order upon Plaintiff by regular mail.

S/ Noel L. Hillman
NOEL L. HILLMAN, U.S.D.J.

At Camden, New Jersey

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