Opinion
3:10-cv-00188-HDM-VPC.
November 15, 2010
ORDER
This a pro se prisoner civil rights complaint pursuant to 42 U.S.C. § 1983. On September 10, 2010, the Court entered an order dismissing the complaint without prejudice and granting plaintiff leave to file an amended complaint. (Docket #12).
On October 21, 2010, plaintiff filed a motion for an extension of time to file an amended complaint. (Docket #12). In the motion, plaintiff seeks a 60-day enlargement of time. Good cause appearing, the motion is granted.
In addition, plaintiff states that: "This will essentially be an extension of Case No. 2:09-cv-02002-PMP-LRL." (Docket #12, at p. 2). Plaintiff writes that:" I am going to combine this filing with [the] other counts (probably 6 or more besides this one) to show a campaign of harassment by the department of this facility." (Docket #12, at p. 1). On October 28, 2010, plaintiff filed a letter with an attached motion and supplement exhibits, bearing a caption for the instant action and Case No. 2:09-cv-02002-PMP-LRL. Also on October 28, 2010, a second amended complaint and exhibits were filed in Case No. 2:09-cv-02002-PMP-LRL. (Docket #30, #31).
Plaintiff has informed the Court that the instant action is "an extension" of his action filed at Case No. 2:09-cv-02002-PMP-LRL. Under Rule 42 of the Federal Rules of Civil Procedure, the court may consolidate actions when they "involve a common question of law or fact." Fed.R.Civ.P. 42(a)(2). Such consolidation promotes judicial efficiency and avoids potentially conflicting results. See generally, Fed.R.Civ.P. 42. The instant action and Case No. 2:09-cv-02002-PMP-LRL involve common questions of law and fact. Accordingly, the instant case is consolidated with 2:09-cv-02002-PMP-LRL. All pleadings, including amended complaints, shall be filed in the first-filed action, 2:09-cv-02002-PMP-LRL. By this order, the instant action is administratively closed and all further pleadings shall be filed in Case No. 2:09-cv-02002-PMP-LRL.
IT IS THEREFORE ORDERED that plaintiff's motion for a 60-day extension of time (Docket #12) to file an amended complaint is GRANTED. IT IS FURTHER ORDERED that the instant action is CONSOLIDATED with Case No. 2:09-cv-02002-PMP-LRL. IT IS FURTHER ORDERED that this order SHALL BE FILED in Case No. 2:09-cv-02002-PMP-LRL and in the instant action.
IT IS FURTHER ORDERED that the instant case is administratively closed, and all further pleadings shall proceed under Case No. 2:09-cv-02002-PMP-LRL. IT IS FURTHER ORDERED that no further documents shall be filed in this closed action.
DATED this 15th day of November, 2010.