Chen v. Warden, M.D.C.

Filing 6

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)

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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. 1 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 2

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