Barfell v. Correctional Health Care Companies et al
Filing
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ORDER signed by Magistrate Judge William E Duffin on 2/23/18. NOW, THEREFORE, IT IS ORDERED that Barfell's motion to consolidate cases (ECF No. 13 ) is DENIED. Barfell must notify the court, on or before March 16, 2018, if he wants to voluntarily dismiss any of his lawsuits. (cc: all counsel, to plaintiff via USPS) (mlm)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
THOMAS BARFELL,
Plaintiff,
v.
Case No. 17-cv-1365
CORRECTIONAL HEALTH CARE
COMPANIES, et al.,
Defendants.
ORDER
Over the last few years, plaintiff Thomas Barfell, a Wisconsin state prisoner who
is representing himself, has filed numerous civil rights complaints under 42 U.S.C. §
1983. Three of those lawsuits are currently pending before this court. See Barfell v.
Correctional Health Care Companies, et al., case no. 17-cv-1365-WED; Barfell v. Aramark, et
al., case no. 17-cv-1567-WED; and Barfell v. Prekop, et al., case no. 17-cv-1739-WED.
On December 18, 2017, the court screened Barfell’s complaint in case no. 17-cv1365-WED and told him that he could not join legal claims unless they had common
questions of law or fact. (ECF No. 8 at 8-9.) The court noted that Barfell’s medical care
claims were distinct from his religious claims and, therefore, belonged in different
lawsuits. (Id.) The court then instructed Barfell to file an amended complaint that
included only related claims. (Id. at 10.)
Barfell subsequently filed an amended complaint in all three currently-pending
lawsuits. Case no. 17-cv-1365-WED appears to relate to his medical care claims, case no.
17-cv-1567-WED appears to relate to his diet and religious claims, and case no. 17-cv1739-WED appears to relate to denial of access to the federal courts and the Inmate
Complaint Review System (“ICRS”). Barfell now asks the court to consolidate all three
lawsuits because it will be less costly. (ECF No. 13.)
Consolidation under Federal Rule of Civil Procedure 42 is appropriate only if the
“actions before the court involve a common question of law or fact.” As discussed in the
screening order, Barfell’s “claims have no common question of fact or law.” (ECF No. 8
at 8-9.) Therefore, for the same reason he could not join his claims in a single lawsuit,
he cannot now consolidate these three lawsuits. Barfell must notify the court on or
before March 16, 2018, if he wants to voluntarily dismiss any of his lawsuits. If the court
does not hear from Barfell on or before that date, it will grant his motions to proceed
without prepayment of the filing fee in case nos. 17-cv-1567-WED and 17-cv-1739-WED
and will screen the complaints. If either of the complaints are deemed frivolous,
malicious, or fail to state a claim, the court will issue a “strike” under 28 U.S.C. §
1915(g), and Barfell may lose his ability to bring other actions in forma pauperis.
NOW, THEREFORE, IT IS ORDERED that Barfell’s motion to consolidate cases
(ECF No. 13) is DENIED. Barfell must notify the court, on or before March 16, 2018, if
he wants to voluntarily dismiss any of his lawsuits.
Dated at Milwaukee, Wisconsin this 23rd day of February, 2018.
WILLIAM E. DUFFIN
U.S. Magistrate Judge
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