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08-074 - Cooke v. Flanagan et al


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08-074 - Cooke v. Flanagan et al
January 28, 2008
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DECISION and Order, that the Clerk of the Court consolidate civil actions 9:07-CV-1292 and 9:08-CV-0074. The Clerk shall reassign 9:08-CV-0074 to the Hon. Gary L. Sharpe as presiding District Judge and shall refer 9:08-CV-0074 to the Hon. Gustave J. Di Bianco as Magistrate Judge. Civil action number 9:07-CV-1292 shall be referred to and treated as the "lead" case, and all subsequent Orders of this Court and papers that are submitted by the parties hereto that pertain to any of the foregoing actions shall be filed in civil action number 9:07-CV-1292, and it is further ORDERED, that the Clerk place a copy of this Order in the file of civil action number 9:08-CV-0074, and it is further ORDERED, that Cooke shall file a new consolidated amended complaint within thirty (30) days from the filing date of this Order. Any such amended complaint shall fully comply with the pleading requirements of Rules 8 and 10 of the Federal Rules of Civil Procedure and the terms of this Order, and it is further ORDERED, that upon the filing of an amended complaint, the Clerk return the file to this Court, and it is further ORDERED, that should Cooke fail to comply with the terms of this Order, the Clerk return the file to this Court for further consideration, including whether this consolidated action should be dismissed, with prejudice, pursuant to Rule 41(b), and it is further ORDERED, that Cooke's in forma pauperis application is granted, and it is further ORDERED, that the Clerk provide the Superintendent of the facility, designated by Cooke as his current location, with a copy of Cooke's authorization form in the lead case, and notify such official that this consolidated action has been filed and that Cooke is required to pay the entire statutory filing fee of $350.00 pursuant to 28 U.S.C. ยง 1915, and it is further ORDERED, that the Clerk provide a copy of Cooke's authorization form in the lead case to the Financial Deputy of the Clerk's Office, and it is further ORDERED, that the Clerk serve a copy of this Order on Cooke in accordance with the Local Rules. Signed by Judge Gary L. Sharpe on 1/28/2008. (jel, )