Chen v. Warden, M.D.C.
Filing
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ORDER: As set forth in the attached written Order, this petition is consolidated with that filed under docket number 12-cv-4658. The Clerk of Court shall close the case with docket number 12-cv-4658, and all further filings shall be made to 12-cv-4772. It is further ordered that petitioners application to proceed in forma pauperis is granted in 12-CV-4772; the Office of the United States Attorney show cause before this Court by filing a response to the petitions pursuan t to the Courts Order dated October 26, 2012; petitioner, shall file his reply, if any, within thirty (30) days of his receipt of the response; andpetitioners motion for a temporary injunction is denied without prejudice. The Clerk of Court shall mail a copy of this Order to plaintiff and note the mailing on the docket. Ordered by Judge Roslynn R. Mauskopf on 11/5/2012. (Mauskopf, Roslynn)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
-----------------------------------------------------------X
JOHN E. CHEN,
Petitioner,
ORDER TO CONSOLIDATE
PETITIONS AND SHOW
CAUSE
- against WARDEN, MDC BROOKLYN,
12-CV-4658 (RRM)(LB)
Respondent.
-----------------------------------------------------------X
JOHN E. CHEN,
Petitioner,
- against -
12-CV-4772 (RRM)(LB)
WARDEN, MDC BROOKLYN,
Respondent.
-----------------------------------------------------------X
ROSLYNN R. MAUSKOPF, United States District Judge.
On August 31, 2012, and September 21, 2012, petitioner proceeding pro se, filed these
two petitions for a writ of habeas corpus pursuant to 28 U.S.C. § 2241, alleging that prison
officials improperly and repeatedly opened his legal mail. Petitioner alleges that although the
envelopes indicated the words “attorney/ legal mail do not open unless in the presence of
inmate,” prison officials opened his legal mail. Petitioner also filed a motion for a temporary
injunction to prevent prison officials from opening his legal mail outside of his presence. See
Chen v. Warden, 12-CV-4772.
As the two petitions involve the same questions of law and fact, the same respondent, and
will require the same evidence, the two petitions are hereby consolidated.
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CONCLUSION
It is hereby ORDERED that:
(1)
the Clerk of Court shall consolidate the above-captioned petitions under
docket number 12-CV-4772; and the Clerk of Court shall close the case with
docket number 12-CV-4658, and direct that any further filings in both cases be
made to 12-CV-4772;
(2)
petitioner’s application to proceed in forma pauperis is granted in 12-CV4772;
(3)
the Office of the United States Attorney show cause before this Court by filing
a response to the petitions pursuant to the Court’s Order dated October 26,
2012;
(4)
petitioner, shall file his reply, if any, within thirty (30) days of his receipt of
the response;
(5)
petitioner’s motion for a temporary injunction is denied without prejudice; and
(6)
the Clerk of Court shall mail a copy of this Order to plaintiff and note the
mailing on the docket.
SO ORDERED.
Roslynn R. Mauskopf
Dated: Brooklyn, New York
November 5, 2012
____________________________________
ROSLYNN R. MAUSKOPF
United States District Judge
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