Ayala v. Texas Department of Criminal Justice et al

Filing 8

MEMORANDUM ORDER adopting 5 Report and Recommendation. Ordered that civil action 6:16cv612, and civil action 6:16cv1144, are hereby consolidated for all purposes into one civil lawsuit, styled as Ayala v TDCJ, et al, civil action 6:16cv612. Order 3ed that a separate filing fee shall not be charged for cause no 6;16cv1144. Ordered that the motion for appointment of cnsl and for leave to proceed IFP in cause no 6:16cv1144 are denied as moot and unnecessary.. Signed by Judge Ron Clark on 1/25/2017. (bjc, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION JESUS AYALA § v. § TDCJ, ET AL. § CIVIL ACTION NO. 6:16cv612 and JESUS AYALA § v. § BRAD LIVINGSTON, ET AL. § CIVIL ACTION NO. 6:16cv1144 MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE AND ORDER OF CONSOLIDATION The Plaintiff Jesus Ayala, proceeding pro se, filed these two civil rights lawsuits under 42 U.S.C. §1983 complaining of alleged deprivations of his constitutional rights. This Court ordered that the cases be referred to the United States Magistrate Judge pursuant to 28 U.S.C. §636(b)(1) and (3) and the Amended Order for the Adoption of Local Rules for the Assignment of Duties to United States Magistrate Judges. Ayala filed his first lawsuit, cause no. 6:16cv612, as part of a larger case involving a number of prisoners. His lawsuit was severed into a separate case and he was ordered to file an amended complaint. When he did so, the amended complaint was docketed as a new lawsuit, cause no. 6:16cv1144. The Magistrate Judge issued a Report recommending that the two cases be consolidated. Ayala did not file objections to this Report; accordingly, he is barred from de novo review by the district judge of those findings, conclusions, and recommendations and, except upon grounds of plain error, from appellate review of the unobjected-to proposed factual findings and legal 1 conclusions accepted and adopted by the district court. Douglass v. United Services Automobile Association, 79 F.3d 1415, 1430 (5th Cir. 1996) (en banc). The Court reviewed the pleadings in this cause and the Report of the Magistrate Judge. Upon such review, the Court has determined that the Report of the Magistrate Judge is correct. It is accordingly ORDERED that the Report of the Magistrate Judge (docket no. 5 in cause no. 6:16cv612) is ADOPTED as the opinion of the District Court. It is further ORDERED that the lawsuits styled Ayala v. TDCJ,. et al., civil action no. 6:16cv612, and Ayala v. Livingston, et al., civil action no. 6:16cv1144, are hereby CONSOLIDATED for all purposes into one civil rights lawsuit, styled as Ayala v. TDCJ,. et al., civil action no. 6:16cv612. See Rule 42(a), Fed. R. Civ. P. Any pleadings or documents, including filing fee payments, received in either case shall be docketed in cause no. 6:16cv612. No further entries, after this order of consolidation, shall be made on the docket of cause no. 6:16cv1144. It is further ORDERED that a separate filing fee shall not be charged for cause no. 6:16cv1144. All funds which have been heretofore received or which are received in the future, in either case, shall be credited to cause no. 6:16cv612. Finally, it is ORDERED that the motions for appointment of counsel and for leave to proceed in forma pauperis in cause no. 6:16cv1144 are DENIED as moot and unnecessary. So Ordered and Signed Jan 25, 2017 2

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