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Knuckles v. Dep't of the Army

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF GEORGIA AUGUSTA DIVISION
Aug 21, 2015
CV 115-077 (S.D. Ga. Aug. 21, 2015)

Opinion

CV 115-077 CV 115-116

08-21-2015

JENIQUA IRENE KNUCKLES, Plaintiff, v. DEPARTMENT OF THE ARMY and CHRISTOPHER KENNY, Attorney, Defendants. JENIQUA IRENE KNUCKLES, Plaintiff, v. DEPARTMENT OF THE ARMY, Dwight D. Eisenhower Army Medical Center; KELLY ELDER; DEBORAH WOODS; and CHRISTOPHER KENNY, Defendants.


ORDER

On May 29, 2015, Plaintiff submitted to the Court for filing a complaint brought pursuant to 42 U.S.C. § 1983. Knuckles v. Dep't of the Army, CV 115-077, doc. no. 1 (S.D. Ga. May 29, 2015). Eleven days later, on June 9, 2015, Plaintiff submitted to the Court for filing another complaint brought pursuant to § 1983. Knuckles v. Dept. of the Army, CV 115-085, doc. no. 1 (S.D. Ga. June 9, 2015). Plaintiff voluntarily dismissed case number CV 115-085 after this Court pointed out that Plaintiff had merely filed another copy of the complaint in case number CV 115-077. Id., doc. nos. 5, 6, 7.

Similarly, on August 3, 2015, Plaintiff submitted to the Court for filing another complaint brought pursuant to § 1983. Knuckles v. Dep't of the Army, CV 115-116, doc. no. 1 (S.D. Ga. Aug. 3, 2015). This complaint contains similar relief sought and statement of facts as case number CV 115-077. Compare Knuckles v. Dep't of the Army, CV 115-077, doc. no. 1, pp. 3-5 with Knuckles v. Dep't of the Army, CV 115-116, doc. no. 1, pp. 3-5. However, the later-filed complaint contains a more detailed and updated statement of facts, including events from July 2015, and an attached "Complaint for Injunctive Relief." See Knuckles v. Dep't of the Army, CV 115-116, doc. no. 1, pp. 3-10.

On August 6, 2015, the Court ordered Plaintiff to notify the Court within ten days whether she intended to file two separate cases. (Id. at doc. no. 4.) The Court warned Plaintiff that if she did not respond to the August 6th Order, (1) the Court would presume Plaintiff did not intend to open a new case, (2) case number CV 115-077 would proceed in the normal course of business with the amended complaint, and (3) case number CV 115-116 would be dismissed. See Knuckles v. Dep't of the Army, CV 115-077, doc. no. 8 and Knuckles v. Dep't of the Army, CV 115-116, doc. no. 4.

Plaintiff did not respond to the Court's order in either case. Accordingly, Plaintiff has expressed her desire to voluntarily dismiss Knuckles v. Dep't of the Army, CV 115-116. As no defendant has filed an answer or a motion for summary judgment, the Court DIRECTS the clerk to DISMISS Knuckles v. Dep't of the Army, CV 115-116 without prejudice and terminate all pending motions. Additionally, Knuckles v. Dep't of the Army, CV 115-077 will proceed and the court DIRECTS the CLERK to re-docket in that case as an amended complaint the complaint that Plaintiff filed in Knuckles v. Dep't of the Army, CV 115-116, doc. no. 1.

SO ORDERED this 21st day of August, 2015, at Augusta, Georgia.

/s/_________

BRIAN K. EPPS

UNITED STATES MAGISTRATE JUDGE

SOUTHERN DISTRICT OF GEORGIA


Summaries of

Knuckles v. Dep't of the Army

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF GEORGIA AUGUSTA DIVISION
Aug 21, 2015
CV 115-077 (S.D. Ga. Aug. 21, 2015)
Case details for

Knuckles v. Dep't of the Army

Case Details

Full title:JENIQUA IRENE KNUCKLES, Plaintiff, v. DEPARTMENT OF THE ARMY and…

Court:UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF GEORGIA AUGUSTA DIVISION

Date published: Aug 21, 2015

Citations

CV 115-077 (S.D. Ga. Aug. 21, 2015)