Vigil v. Walrach et al

Filing 17

ORDER denying 11 Prisoner Miscellaneous Motion-"Motion to Relate. Signed by District Judge Michael F. Urbanski on 5/8/2015. (slt)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF VIRGINIA
ROANOKE DIVISION
FRANK VIGIL, JR.,
Plaintiff,
v.
JOHN WALRACH, et al.,
Defendants.

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Civil Action No. 7:15-cv-00063
ORDER
By:

Hon. Michael F. Urbanski
United States District Judge

Plaintiff Frank Virgil, Jr. was a pro se co-plaintiff in another case in this court, Canada v.
Clarke, No. 7:15-cv-00065. On April 8, 2015, a magistrate judge severed Vigil from that action
and directed the Clerk to set up this action in which Vigil’s claims would proceed. On May 5,
2015, the United States District Judge presiding over Canada v. Clarke denied Vigil’s motion for
reconsideration of the severance order because “from a case management perspective, the
plaintiffs’ claims are most justly and effectively addressed in separate lawsuits, individualized to
each plaintiff’s situation . . . . [and] allowing the plaintiffs to pursue their claims in a joint case,
paying only one filing fee, offends the purposes of the Prison Litigation Reform Act.”
Presently before the court is Vigil’s “motion to relate” this case with Obataiye-Allah v.
Clarke, No. 7:14-cv-00566, which was voluntarily dismissed in December 2014, and Canada v.
Clarke. In light of the record of the relevant cases, I find no valid basis to grant Plaintiff’s
“motion to relate,” and it is DENIED.
The Clerk shall send a copy of this Order to Plaintiff.
Entered: May 8, 2015

/s/ Michael F. Urbanski
Michael F. Urbanski
United States District Judge