United States District Court, E.D. Missouri, Eastern Division
MEMORANDUM AND ORDER
L. WHITE, UNITED STATES DISTRICT JUDGE
the Court is plaintiffs motion to consolidate this case with
another case in this Court. After reviewing the judicial
record in this case and in the secondary case cited by
plaintiff, the Court will deny plaintiffs request without
prejudice to a ruling by the Honorable John A. Ross.
Plaintiff, an inmate at Southeast Correctional Center
("SECC"), filed the instant action on August 21,
2017, pursuant to 42 U.S.C. § 1983 alleging violations
of his civil rights during his incarceration at the
Washington County Jail. He filed this action against four
individual defendants: Zach Jacobsen (Sheriff of Washington
County); Steven Rion (Chief of Custody at Washington County
Jail); Cody Brinley (Washington County Commissioner); and
Kevin Snow (Deputy, Washington County Jail).
claims in his complaint consisted of both conditions of
confinement claims and denial of medical care claims. He
claimed, for instance, that defendants', as a whole, had
been deliberately indifferent to his medical needs during his
stay at the Jail, and that he suffered from asthma, a heart
condition, and a broken tooth. He claimed that none of these
needs had been "seen to" since his confinement at
the Jail. Plaintiff also went on to assert that he once fell
while getting out of the shower and he was not taken for
x-rays or to the hospital, despite losing eyesight in one eye
and seriously injuring his back and neck and head.
also complained that there was black mold in the showers at
the Jail, and that the floor was slick in the showers, there
was no handicap accessibility at the Jail, there were
problems with the "locking mechanisms" and the Jail
reviewing plaintiffs complaint pursuant to 28 U.S.C. §
1915 for frivolousness, maliciousness, and for failure to
state a claim upon which relief may be granted on January 22,
2018, the Court told plaintiff that although he may be able
to assert claims based on his denial of constitutional
rights, he had improperly joined one or more claims in his
lawsuit, pursuant to Federal Rules of Civil Procedure 18 and
20. The Court then instructed plaintiff how to properly
separate his claims and instructed plaintiff to file an
amended complaint in this action. Plaintiff then sought an
extension of time to file his amended complaint, and the
Court granted his request on March 5, 2018.
instant motion, plaintiff states that "money is tight,
" and he is having a hard time "keeping up with the
case." He asks this Court to grant him leave to
consolidate this case into another case he has in this
District, Laramore v. Washington County Jail, No.
4:17-CV-1618 JAR (E.D.Mo.). This Court has reviewed
plaintiffs amended complaint [Doc. #6] in that action, and
found that his claims relate to a denial of heart medication
for a thirty (30) day time period, as well as a "denial
of all medication" during a sixty (60) day time period
during his incarceration at the Washington County Jail, by
defendants Christopher Barton, Shannon
and Kevin Snow. Plaintiffs secondary claims in that
action also arise under the Eighth Amendment and relate to
conditions of confinement, specifically an overcrowding claim
and a claim of a general lack of cleanliness in the cells at
the Washington County Jail. Thus, although the claims and the
parties between the two lawsuits are somewhat similar, they
cannot yet be said to be duplicative, such that this action
is subject to dismissal. See Cooper v. Delo, 991
F.2d 376, 377 (8th Cir. 1993) (§ 1915(e) dismissal has
res judicata effect on future IFP petitions).
Management Order was entered in Judge Ross' case on
September 25, 2017, and it allowed for joinder of parties and
amendment of pleadings no later than October 25, 2017. As
plaintiffs deadline to amend his pleadings in Judge Ross'
case has passed, it is up to Judge Ross whether he wishes to
allow for consolidation of this case into his case, pursuant
to Local Rule 4.03.
such time as Judge Ross makes a determination as to
consolidation, this Court will deny plaintiffs consolidation
request in this lawsuit and provide plaintiff with one last
extension of time to amend his complaint in this action. This
will be the last extension provided to plaintiff, without
good cause shown.
IT IS HEREBY ORDERED that plaintiffs motion
for consolidation of this action with Laramore v.
Washington County Jail, No. 4:17-CV-1618 JAR (E.D.Mo.)
[Doc. #14] is DENIED WITHOUT PREJUDICE,
pending a ruling by the Honorable John A. Ross in that
IS FURTHER ORDERED that no later than twenty-one
(21) days of the date of this Memorandum and Order, plaintiff
shall pay an initial partial filing fee of $32.45 to the
United States District Court for the Eastern District of
Missouri Clerk's office. Plaintiff is instructed to make
his remittance payable to "Clerk, United States District
Court, " and to include upon it: (1) his name; (2) his
prison registration number; (3) the case number; and (4) that
the remittance is for an original proceeding.
IS FURTHER ORDERED that plaintiff shall submit an
amended complaint, in accordance with the Federal Rules of
Civil Procedure and the instructions set forth in the
Court's January 22, 2018 Memorandum and ...