Mallgren v. Burkholder
| Anthony Brian Mallgren |
| Page Burkholder and John Doe's |
| 1:2014cv02188 |
| April 7, 2014 |
| US District Court for the Eastern District of New York |
| Brooklyn Office |
| Margo K. Brodie |
| Viktor V. Pohorelsky |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| Plaintiff |
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Filing
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MEMORANDUM & ORDER: The Court grants Plaintiff's requests to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. The Court finds that the six above-captioned Complaints allege overlapping claims related to Plaintiff&# 039;s involuntary commitment to a mental health facility. As no purpose would be served by litigating the Complaints separately, the Court directs that the actions be consolidated under docket number, No. 14-CV-2189. The other actions, No. 14-CV-2188, No. 14-CV-2709, No. 14-CV-2735, No. 14-CV-2736, and No. 14-CV-3536, shall be administratively closed. Plaintiff's claims against the New York State Office of the Attorney General and Richmond University Medical Center are dismissed pursuant to 28 U.S.C. § 1915(e)(2)(B), as are all claims related to medical records. Plaintiff shall have 30 days from the date of this Order to file an amended complaint. The amended complaint must be captioned, "Amended Complaint," and shall be filed under docket No. 14-CV-2189. All further proceedings shall be stayed for 30 days. Should Plaintiff wish to abandon his claims related to involuntary commitment and involuntary treatment, he may notify the Court or simply decide not to file an amended complaint within the 30 days provided for amendment. Plaintiff's 6/4/2014 motion seeking consolidation of multiple cases he filed in the Northern District of New York and this Court is granted in part, to the extent that No. 14-CV-219 (N.D.N.Y.), No. 14-CV-273 (N.D.N.Y.), and No. 14-CV-2735 (E.D.N.Y.) are now consolidated, along with the three other above-captioned actions. Plaintiff's request to consolidate the other cases is denied. In addition, Plaintiff must show cause, by written affirmation, within 30 days of the date of this Memorandum and Order, why th e Court should not issue an injunction barring him from filing any future frivolous complaints seeking in forma pauperis status. The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith and therefore in forma pauperis status is denied for purpose of an appeal. SO ORDERED by Judge Margo K. Brodie, on 8/5/2014. C/mailed to pro se Plaintiff. (Cases associated. Civil Case Terminated.) (Latka-Mucha, Wieslawa)
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