Batista v. Harris et al

Filing 13

ORDER: Consolidating case number 17-cv-2033 into 17-cv-1983. Signed by Honorable A. Richard Caputo on 11/17/17. (lh)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
JOSE BATISTA,
Plaintiff
v.
CAPT. HARRIS, et al.,
Defendants

JOSE BATISTA,
Plaintiff
v.
CAPT. HARRIS, et al.,
Defendants

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CIVIL ACTION NO. 3:CV-17-1983
(Judge Caputo)

CIVIL ACTION NO. 1:CV-17-2033
(Judge Caputo)

ORDER
THE BACKGROUND OF THIS ORDER IS AS FOLLOWS:
Jose Batista, a state inmate presently housed at the Smithfield State
Correctional Institution (SCI-Smithfield)), in Huntingdon, Pennsylvania, has filed the
above-captioned civil rights actions on or around the same time. The allegations of
both Complaints stem from an April 30, 2016, planned use of force event at his
former facility, SCI-Huntingdon.

Mr. Batista was extracted from his Restricted

Housing Unit cell that day. He claims corrections officials used excessive force
during the cell extraction and that he incurred physical injuries. Following the cell

extraction he was placed in an observations cell for eleven (11) days during which
he was denied adequate clothing, water and other basic necessities. The named
defendants in both actions are similar. Clearly both cases involve common question
of fact and law. Therefore, the Court will direct that the two cases be consolidated
pursuant to Federal Rule of Civil Procedure 42(a) and the consolidated cases will
proceed under Civil Action No. 3: CV-17-1983, the first docketed case.
And now, this 17th day of NOVEMBER, 2017, it is ORDERED that:
1.

The Clerk of Court is directed to consolidate Batista v.
Harris, Civ. No. 1:CV-17-2033 and Batista v. Harris,
3:CV-17-1983 pursuant to Fed. R. Civ. P. 42(a).

2.

The Clerk of Court is directed to CLOSE Batista v. Harris,
1:CV-17-2033.

3.

Mr. Batista’s motion for leave to proceed in forma
pauperis (ECF No. 10) in Batista v. Harris, 3:CV-17-1983
is GRANTED.

4.

The Clerk of Court is directed to issue the Administrative
Order to the Superintendent of SCI-Smithfield to begin
deducting money from the inmate’s prison account in the
manner described in the Administrative Order.
/s/ A. Richard Caputo
A. RICHARD CAPUTO
United States District Judge

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