IN THE UNITED STATES DISTRICT COURT

FOR THE

MIDDLE DISTRICT OF PENNSYLVANIA

RAYMOND M. KRUSHIN, :

:

Plaintiff :

:

v. : CIVIL NO. 4:CV-16-1540

:

DOCTOR GUNNER KOSEK, : (Judge Brann)

ET AL., :

:

Defendants :

:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::

RAYMOND M. KRUSHIN, :

:

Plaintiff :

:

v. : CIVIL NO. 4:CV-16-2140

:

DOCTOR GUNNER KOSEK, : (Judge Brann)

ET AL., :

:

Defendants :

MEMORANDUM

October 28, 2016

Background

 Raymond M. Krushin, an inmate presently confined at the State

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Correctional Institution, Waymart, Pennsylvania (SCI-Waymart) filed both of the

above captioned pro se civil rights actions pursuant to 42 U.S.C. § 1983. Both

complaints regard events which allegedly transpired during Plaintiff’s prior

confinement at the Luzerne County Correctional Facility, Wilkes-Barre,

Pennsylvania. 

Named as Defendants in the initially filed action are Correct Care Solutions,

the Luzerne County Prison Infirmary/Medical staff together with the following

Luzerne County Prison officials: Doctor Gunner Kosek, Doctor Diaz; Lieutenant

Amien; Warden James Larson; and Captain Kevin Gallagher. Plaintiff alleges that

he was provided with insufficient medical care and subjected to inadequate

conditions of confinement. Service of the initial Complaint was recently ordered

and a response has not yet been filed.

Krushin then filed a second action which was also assigned to the

undersigned. The Defendants named in Plaintiff’s second action, Krushin, Civil

Action No. 4:CV-16-2140, are the same as in his initially filed Complaint with the

exception of Lieutenant Amien. It raises similar, at times identical, contentions of

denial of adequate medical care and unconstitutional conditions of confinement.

For the reasons outlined below, this Court will direct that the above cases be

consolidated pursuant to Federal Rule of Civil Procedure 42(a) and the

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consolidated matter will proceed under Krushin, Civil Action No. 4:CV-16-1540,

the initially filed complaint. 

Discussion

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

(a) Consolidation. If actions before the court involve a common

question of law or fact, the court may:

(1) join for hearing or trial any or all matters at issue in the

actions;

(2) consolidate the actions; or

(3) issue any other orders to avoid unnecessary costs or

delay.

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

The alleged facts set forth in each of the above described Complaints are

similar in almost all respects. As noted earlier, the arguments set forth in the

respective actions similarly claim that there was deliberate indifference to

Plaintiff’s medical needs and the conditions of his confinement were inadequate. 

Moreover, the proceedings in both actions are at an early juncture. 

Consequently, since the above described actions contain common factors of

law and fact, this Court will order the consolidation of Krushin’s latest complaint

into his earlier action pursuant to Rule 42(a) and will proceed with the

consolidated matter under Plaintiff's initially filed action, Civil Action No. 4:CV3

Case 4:16-cv-02140-MWB-JVW Document 6 Filed 10/28/16 Page 3 of 4
16-1540.

In addition, Defendant Correct Care Solutions’ motion for an enlargement

of time to file a response to the initial complaint will be granted and the

Defendants will be provided with additional time to submit a response to the

consolidated complaints.

BY THE COURT:

 s/ Matthew W. Brann 

Matthew W. Brann

United States District Judge

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