United States District Court, D. Delaware
HERMIONE KELLY IVY WINTER, formerly known as David Allen Allemandi, Plaintiff,
MONICA MILLS, et al., Defendants. HERMIONE KELLY IVY WINTER, Plaintiff,
CHRISTOPHER SENATO, et al., Defendants.
HONORABLE LEONARD P. STARK, UNITED STATES DISTRICT JUDGE.
Hermine Kelly Ivy Winter ("Plaintiff') has filed
numerous lawsuits. Many contain identical or similar
allegations against the same defendants. The cases include
Civ. Nos. 16-890-LPS, 17-1322-LPS, 17-1432-LPS, and
18-351-LPS. In the filings, Plaintiff raises religious diet
claims, medical needs claims that include hormone replacement
therapy, failure to protect claims, and grievance claims, all
in alleged violation of her civil rights pursuant to 42
U.S.C. § 1983. In all cases, Plaintiff proceeds pro
se and has been granted in forma pauperis
status. The Court has reviewed the complaints in these cases
and will consolidate cases and issues to more effectively
manage Plaintiffs actions.
complaints in the two-above captioned cases involve the same
or similar allegations against many of the same defendants,
and more particularly, religious diet and grievance claims.
(See Civ. No. 16-890-LPS at D.I. 27; Civ. No.
18-351-LPS at D.I. 1)
Rule of Civil Procedure 42 provides for consolidation
"[w]hen actions involv[e] a common question of law or
fact... to avoid unnecessary costs or delay."
Fed.R.Civ.P. 42(a). "District courts have the inherent
authority to order consolidation sua sponte."
Plimpton v. Cooper, 141 F.Supp.2d 573, 575 (W.D.
N.C. 2001) (citing Pickle v. Char Lee Seafood, Inc.,
174 F.3d 444 (4thCir. 1999)). Both complaints
concern common questions of law and fact with regard to
Plaintiffs religious diet and grievance claims. All other
remaining claims raised will be dismissed as they are raised
in other actions filed by Plaintiff.
THEREFORE ORDERED that:
Civil Action Nos. 16-890-LPS and 18-351 -LPS are
CONSOLIDATED for all purposes.
caption of the Consolidated Action is as follows:
HERMIONE KELLY IVY WINTER, Plaintiff, :
MONICA MILLS, et al., Defendants.
Civ. No. 16-890-LPS
amended complaint filed in Civil Action No. 16-890-LPS at
D.I. 27 and the complaint filed in Civil Action No.
18-351-LPS at D.I. 1, together, will stand as the complaint
in this Consolidated Action insofar as they raise religious
diet and grievance claims. All other remaining claims raised
are DISMISSED as they are raised in other actions filed by
documents previously filed to date in the cases consolidated
herein are deemed filed and are part of the ...