Opinion
Civil Action No. 09-cv-01648-BNB.
September 2, 2009
ORDER
Plaintiff is a prisoner in the custody of the United States Bureau of Prisons at the United States Penitentiary, Administrative Maximum, in Florence, Colorado. Plaintiff initiated this action by filing pro se in the United States District Court for the District of Columbia (District of Columbia) a "Complaint for Violation of Civil Rights." On June 30, 2009, the District of Columbia entered a minute order granting Plaintiffs motion to transfer the action to this court. The action was filed in this court on July 13, 2009. As part of the court's review pursuant to D.C.COLO.LCivR 8.2, the court has ordered Plaintiff to file an amended complaint on the proper form approved for use by prisoners in this court.
On September 1, 2009, Plaintiff filed a "Motion to Join Civil Actions" in which he asks the court to consolidate this action with another pending case that allegedly raises identical claims against different Defendants. See Georgacarakos v. Wiley , No. 07-cv-01712-MSK-MEH (D. Colo. filed Aug. 14, 2007). The motion to consolidate will be denied without prejudice because the motion is not properly filed in this action. Pursuant to D.C.COLO.LCivR 42.1, "[a] motion to consolidate shall be decided by the district judge to whom the oldest numbered case involved in the proposed consolidation is assigned for trial." Accordingly, it is
ORDERED that Plaintiff's "Motion to Join Civil Actions" filed on September 1, 2009, is denied without prejudice to being filed in the proper action.