UNITED STATES DISTRICT COURT

FOR THE

MIDDLE DISTRICT OF PENNSYLVANIA

MICHAEL CURTIS REYNOLDS, :

Plaintiff :

:

v. : CIVIL NO. 4:CV-06-1400

:

: (Judge McClure)

WARDEN JANINE DONATE, ET AL., :

Defendants :

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MICHAEL CURTIS REYNOLDS, :

Plaintiff :

: CIVIL NO. 4:CV-06-1487

:

v. : (Judge McClure)

:

JANINE DONATE, ET AL., : 

Defendants :

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MEMORANDUM AND ORDER

August 7, 2006

Background

Michael Curtis Reynolds (“Plaintiff”), an inmate presently confined in the

Lackawanna County Prison, Scranton, Pennsylvania, filed the initially captioned civil

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rights complaint pursuant to 42 U.S.C. § 1983. This Court thereafter granted

Plaintiff’s in forma pauperis application and directed the United States Marshal to

effect service of the complaint. On July 31, 2006, Reynolds filed a second § 1983

action which was likewise accompanied by an in forma pauperis application.

For the reasons outlined below, this Court will direct that the two complaints be

consolidated pursuant to Federal Rule of Civil Procedure 42(a). The consolidated

matter will proceed under Reynolds, Civil Action No. 4:CV-06-1400, because it was

the initially filed complaint. 

Discussion

 Named as Defendants in Reynolds’ initial complaint are Warden Janine

Donate, Correctional Officer Cornell and Lieutenant Carol of the Lackawanna County

Prison. Plaintiff alleges that the Warden’s policy prohibiting inmates from going to the

law library without shoes is unconstitutional. He adds that the prison has refused to

provide him with shoes despite the fact that his shoes were misplaced over four (4)

months ago. Reynolds concludes that the denial of access to the law library prevented

him from requesting another preliminary hearing (presumably with respect to a

Pennsylvania state criminal proceeding). As relief, Plaintiff seeks a change in the

Warden’s law library policy and compensation.

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The Defendants listed in Reynolds’ subsequently filed complaint are Donate,

Captain Katz and Correctional Officers Moskwa and “G.” The Plaintiff again

challenges Warden Donate’s policy requiring that shoes be worn by prisoners going to

the law library. His second complaint further maintains that Defendants Moskwa and

“G.” denied him access to the law library, and then tackled him and placed him in the

prison’s restrictive housing unit. Captain Katz is described as having presided over a

disciplinary proceeding regarding Plaintiff’s placement in restrictive housing. As

relief, Plaintiff again seeks a change in Warden Donate’s law library policy and 

compensation. Reynolds further requests that the Defendant correctional officers who

assaulted him be disciplined and that a mistrial be declared in his state criminal

prosecution. 

Rule 42(a) of the Federal Rules of Civil Procedure states:

When actions involving a common question

of law or fact are pending before the

court, it may order a joint hearing or 

trial of any or all the matters in issue

in the actions; it may order all the

actions consolidated; and it may make

such orders concerning proceedings therein

as may tend to avoid unnecessary costs or

delay.

Fed. R. Civ. P. 42(a).

The allegations and facts set forth in each of Reynolds’ above described civil

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rights actions are similar. Moreover, the claims set forth in the initially filed complaint

are all encompassed within Plaintiff’s subsequently submitted complaint. Since the

actions contain common factors of law and fact, this Court will order the

consolidation of Plaintiff’s second complaint into his initially filed action, Reynolds,

Civil Action No. 4:CV-06-1400, pursuant to Rule 42(a). Consequently,

IT IS HEREBY ORDERED THAT:

1. The Clerk of Court is directed to consolidate Reynolds v. Donate,

et al., Civil No. 4:CV-06-1487 into Reynolds v. Warden Donate, et

al., Civil No. 4:CV-06-1400, pursuant to Federal Rule of Civil

Procedure 42(a).

2. The Clerk of Court is directed to close the case of

Reynolds v. Donate, et al., Civil No. 3:CV- 06-1487.

 s/ James F. McClure, Jr. 

JAMES F. McCLURE, JR.

United States District Judge

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