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17-7487 - Moore v. Shick et al


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17-7487 - Moore v. Shick et al
February 8, 2018
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ORDER OF CONSOLIDATION - The Court orders that Plaintiff's Complaints be CONSOLIDATED pursuant to Federal Rule of Civil Procedure 42 into the first filed case, 17-CV-3994. The Clerk of Court is DIRECTED to: (1) consolidate these actions; and (2) mark the Complaint assigned docket number 17-CV-7487 CLOSED. Any future filings are to be docketed in only 17-CV-3994. Finally, given that the time for full briefing of Defendants' motion to dismiss the Complaint in the First Action has not expired, the pending motion (Docket Entry 15) is DENIED WITHOUT PREJUDICE. After the Defendants notify the Court regarding service of the Complaint in the Second Action, Defendants may seek leave to file a motion to dismiss the Complaints in the Consolidated Action, if so warranted. The Court certifies pursuant to 28 U.S.C. ยง 1915(a)(3) that any appeal from this Order would not be taken in good faith and therefore in forma pauperis status is DENIED for the purpose of any appeal. The Clerk of the Court is further directed to mail a copy of this Order to the pro se Plaintiff. So Ordered by Judge Joanna Seybert on 2/8/2018. C/M; C/ECF (Valle, Christine)