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Dustin Ray Huckaby v. Bobby Brown

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION


February 16, 2011

DUSTIN RAY HUCKABY,
ANTHONY PAUL FLORES, ; AND EDWARD GONZALES, PLAINTIFFS
v.
BOBBY BROWN, MAJOR, FAULKNER COUNTY DETENTION CENTER; ET AL. DEFENDANTS
ANTHONY PAUL FLORES, ADC #551459 PLAINTIFF
v.
BOBBY BROWN, ET AL.
DEFENDANTS

The opinion of the court was delivered by: Susan Webber Wright United States District Judge

ADC#148503; ADC# 551459; ADC# 147691

ORDER CONSOLIDATING CASES

Plaintiffs, Dustin Ray Huckaby, Anthony Paul Flores, and Edward Gonzales are Arkansas Department of Correction inmates. On November 22, 2010, Plaintiffs filed a pro se complaint, pursuant to 42 U.S.C. § 1983, that commenced case number 4:10-cv-1830. Mr. Huckaby also filed a pending Application to Proceed Without Prepayment of Fees and Affidavit (Application) (Doc. No. 1). Eight days later, on November 30, 2010, Plaintiff Anthony Flores filed another pro se complaint, pursuant to 42 U.S.C. § 1983, that commenced case number 4:10-cv-01967. Mr. Flores also filed an Application to Proceed Without Prepayment of Fees and Affidavit (Doc. No. 1), which was granted on January 3, 2011 (Doc. No. 4).

Rule 42(a) of the Federal Rules of Civil Procedure provides that "if actions before the court involve a common question of law or fact," the court may consolidate the actions. Having reviewed the allegations in the two cases, the Court finds that consolidation is appropriate. In accordance with the practice of the Eastern District of Arkansas, the first-filed case, Huckaby v. Brown, 4:10-cv-1830, is designated as the lead case. All future pleadings shall be filed in the lead case.

With respect to Mr. Flores' Application, the Court's Order (Doc. No. 4) granting Plaintiff's request and directing Mr. Flores to file an Amended Complaint is hereby VACATED. The Court will reconsider Mr. Flores' application when it takes up Mr. Huckaby's Application in Huckaby v. Brown, 4:10-cv-1830.

IT IS, THEREFORE, ORDERED that:

1. The cases of Huckaby v. Brown, 4:10-cv-1830, and Flores v. Brown, 4:10-cv-1967, are hereby CONSOLIDATED. In accordance with the practice of the Eastern District of Arkansas, the first-filed case, Huckaby v. Brown, 4:10-cv-1830, is designated the lead case and all future pleadings shall be filed in the lead case; and

2. The January 3, 2011, Order in Flores v. Brown, 4:10-cv-1967 (Doc. No. 4), is hereby VACATED.

20110216

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