Wilson v. Ramsey County

U.S. District Court, District of Minnesota

Wilson v. Ramsey County

Trial Court Opinion

                   UNITED STATES DISTRICT COURT                          
                      DISTRICT OF MINNESOTA                              
EDWARD WILSON,                                                           
                                  Civil Nos. 23-1991 (JRT/JFD), 23-1993  
                       Plaintiff,           (JRT/DLM)                    

v.                                                                       

RAMSEY COUNTY, et al.,           MEMORANDUM OPINION AND ORDER            
                                      ADOPTING REPORTS AND               
                      Defendant.     RECOMMENDATIONS AND                 
                                       CONSOLIDATING CASES               


    Edward Wilson, OID #248463, Minnesota Correctional Facility Rush City, 
    7600 525th Street, Rush City, MN 55069, pro se Plaintiff.            


    Plaintiff Edward Wilson has filed seven separate actions against Ramsey County 
and related defendants for medical issues he has experienced while incarcerated.  Two of 
those actions are pending before the Court.  The Magistrate Judge in each case has issued 
a Report and Recommendation (“R&R”), which the Court will adopt, recommending 
Wilson’s complaints be dismissed without prejudice.  At the same time, the Court will 
consolidate the actions within its control and require Wilson to pay only a single filing fee 
for the consolidated action.                                              
                          BACKGROUND                                     
I.   NO. 23-1991                                                          
    In Wilson’s first complaint before the Court, he alleges Ramsey County Adult 

Detention Center (“ADC”) twice administered the wrong medication.  (See Compl. at 1, 
June 28, 2023, Docket No. 1, ECF No. 23-1991.)  He claims the medication caused irregular 
heartbeats, amongst other symptoms, and he requests $100 million in damages.  (Id.) 

    Magistrate Judge John F. Docherty recommended Wilson’s claim be dismissed 
without prejudice pursuant to 28 U.S.C. § 1915A.  (Order & R. & R. at 2, 6, Oct. 16, 2023, 
Docket No. 7, ECF No. 23-1991.)  While Wilson’s complaint did not specify a cause of 
action, the Magistrate Judge determined the closest fit under federal law would be a claim 

of deliberate indifference to medical needs in violation of 
42 U.S.C. § 1983
.  (Id. at 3.)  
Nonetheless, the Magistrate Judge clarified such a claim would not be viable where 
Wilson has not alleged prison officials knew of and disregarded a serious medical need, 
and where Wilson has not named any specific defendants alleged to have caused his 

harm.  (Id. at 3–4.)  Rather, the Magistrate Judge determined state tort law more naturally 
fit Wilson’s claims.  (Id. at 4.)  But without a viable federal claim, the Complaint presented 
an  insufficient  basis  for  federal  subject  matter  jurisdiction.    (Id.)    Accordingly,  the 
Magistrate Judge recommended Wilson’s complaint be dismissed without prejudice.  (Id. 

at 6.)  The Magistrate Judge also ordered Wilson to pay the $350 filing fee pursuant to 
28 U.S.C. § 1915
(b)(2).  (Id. at 5.)                                         
    Wilson subsequently filed a letter asking the Court to amend his complaint to add 
individual defendants and add claims of deliberate indifference pursuant to 
42 U.S.C. § 1983
 and violations of state tort law.  (See Claim for Relief, Dec. 20, 2023, Docket No. 
12, ECF No. 23-1991.)  The Magistrate Judge responded that the Court cannot amend 
Wilson’s complaint for him; he must do so himself pursuant to District of Minnesota Local 
Rule 15.1.  (Order, Dec. 22, 2023, Docket No. 14, ECF No. 23-1991.)       

II.  NO. 23-1993                                                          
    Wilson also filed a complaint against Ramsey County ADC seeking $100 million in 
damages after contracting influenza.  (Compl. at 1, June 28, 2023, Docket No. 1, ECF No. 
23-1993.)  Magistrate Judge Douglas L. Micko issued an R&R similarly explaining that 

Wilson sued the wrong defendant and did not plausibly allege willful disregard of his 
medical needs.  (Order & R. & R. at 3, Dec. 4, 2023, Docket No. 9, ECF No. 23-1993.)  
Accordingly, the Magistrate Judge recommended the Court dismiss Wilson’s complaint 

without prejudice pursuant to 28 U.S.C. § 1915A and ordered Wilson to pay a $350 filing 
fee pursuant to 
28 U.S.C. § 1915
(b)(2).  (See 
id. at 3-4
; see also Letter to Prison Authorities, 
Dec. 4, 2023, Docket No. 10, ECF No. 23-1993.)  Again, Wilson filed a letter requesting the 
Court amend his complaint to remedy the shortcomings identified in the R&R.  (See Claim 

for Relief, Dec. 20, 2023, Docket No. 13, ECF No. 23-1993.)               
III.  JOINT FILINGS                                                       
    In addition to the above cases, Wilson filed five other complaints related to medical 

issues while incarcerated in Ramsey County.1  He has filed certain letters with the Court 
pertaining to all of those actions.  First, he filed a letter requesting that every case reflect 
causes of action under both federal and state law.  (See Letter to the Court, Dec. 11, 2023, 
Docket No. 11, ECF No. 23-1991.)  He later requested more time to pay his filing fees in 

the various cases, indicating that he was confused, the process was new to him, and if he 
“was aware of how this process works, [he] would’ve filed one at a time.”  (See Letter to 
the Court, Dec. 27, 2023, Docket No. 15, ECF No. 23-1991.)  Finally, he filed motions for 
the Court to access his grievance history and medical records from Ramsey County ADC.  

(See, e.g., Motion to Access, Jan. 16, 2024, Docket No. 17, ECF No. 23-1991.) 
                           DISCUSSION                                    
I.   STANDARD OF REVIEW                                                   
    The Prison Litigation Reform Act requires screening of civil actions brought by 

prisoners against a government entity, officer, or employee to determine whether the 
claims are frivolous, malicious, fail to state a claim, or seek monetary relief from a 
defendant who is immune from such relief.  28 U.S.C. § 1915A.  A complaint must state a 
“claim to relief that is plausible on its face.”  Braden v. Wal-Mart Stores, Inc., 
588 F.3d 1
 ECF Nos. 23-1990 (JWB/DLM); 23-1992 (WMW/TNL); 23-1994 (ECT/ECW); 23-1995 
(KMM/JFD), 23-3673 (ECT/DLM).                                             
585, 594 (8th Cir. 2009) (quoting Ashcroft v. Iqbal, 
556 U.S. 662, 678
 (2009)).  The Court 
construes the complaint in the light most favorable to the plaintiff, drawing all reasonable 

inferences in the plaintiff’s favor.  Ashley Cnty. v. Pfizer, Inc., 
552 F.3d 659, 665
 (8th Cir. 
2009).  Although the Court accepts the complaint’s factual allegations as true, it is “not 
bound to accept as true a legal conclusion couched as a factual allegation,” Bell Atl. Corp. 
v. Twombly, 
550 U.S. 544, 555
 (2007), or mere “labels and conclusions or a formulaic 

recitation of the elements of a cause of action,” Iqbal, 
556 U.S. at 678
 (quotation omitted).  
Instead, “[a] claim has facial plausibility when the plaintiff pleads factual content that 
allows the court to draw the reasonable inference that the defendant is liable for the 

misconduct alleged.”  
Id.
                                                 
    A court must liberally construe a pro se plaintiff’s claims.  Erickson v. Pardus, 
551 U.S. 89, 94
 (2007).   However, pro se litigants are not excused from failing to comply with 
substantive or procedural law.  Burgs v. Sissel, 
745 F.2d 526, 528
 (8th Cir. 1984). 

    After a magistrate judge files an R&R, a party may file “specific written objections 
to the proposed findings and recommendations.”  Fed. R. Civ. P. 72(b)(2); accord D. Minn. 
LR 72.2(b)(1).  Unobjected portions of the R&R are only reviewed for clear error.  Fed. R. 
Civ. P. 72 advisory committee’s note, subd. (b) (“When no timely objection is filed, the 

court need only satisfy itself that there is no clear error on the face of the record in order 
to accept the recommendation.”).  Because Wilson did not object to either Magistrate 
Judge’s R&R, the Court will review only for clear error.                  
II.  ANALYSIS                                                             
    The Magistrate Judges did not clearly err in determining that Wilson’s complaints 

fail to state a claim upon which relief can be granted.  Even construing the complaints in 
the light most favorable to Wilson and inferring that he means to bring this action under 
42 U.S.C. § 1983
, he has not plausibly alleged deliberate indifference to a serious medical 
need.  See Redmond v. Kosinski, 
999 F.3d 1116, 1120
 (8th Cir. 2021).      

    Nor does Wilson plausibly allege the Court has jurisdiction over any state law 
causes of action.  Ordinarily, a federal court has subject matter jurisdiction when it has 
federal question or diversity jurisdiction.  See 
28 U.S.C. §§ 1331
, 1332.  Federal question 
jurisdiction exists when “federal law creates the cause of action” or if “relief necessarily 

depends on resolution of a substantial question of federal law.”  Franchise Tax Bd. of Cal. 
v. Constr. Laborers Vacation Tr. for S. Cal., 
463 U.S. 1
, 27–28 (1983).  Diversity jurisdiction 
requires  “complete  diversity  of  citizenship  among  the  litigants”  and  “an  amount  in 
controversy greater than $75,000.”  OnePoint Sols., LLC v. Borchert, 
486 F.3d 342, 346
 (8th 

Cir. 2007).  Wilson does not allege the parties to this litigation are diverse.  And though a 
federal court can sometimes exercise supplemental jurisdiction over state law causes of 
action when it has original jurisdiction over related claims, there is no original jurisdiction 

because Wilson’s § 1983 claim fails.  See 
28 U.S.C. § 1367
.               
    As to Wilson’s letters requesting the Court amend his complaints to cure the 
deficiencies identified in the R&Rs, Magistrate Judge John F. Docherty correctly explained 
that Wilson must do so himself.  District of Minnesota Local Rule 15.1(a) discusses 
amended pleadings, instructing that “any amended pleading must be complete in itself 
and must not incorporate by reference any prior pleading.”  (emphasis added).  So, to 

the extent Wilson wishes to file an amended pleading, he must act as if he is starting from 
scratch.  As will be discussed below, the Court will consolidate case numbers 23-1991 and 
23-1993.  Because the Court will consolidate these two cases, Wilson may file an amended 
complaint for those claims in a single document.  But that document must, standing alone, 

state a claim upon which relief can be granted.                           
III.  MOTIONS TO ACCESS                                                   
    The Court  will deny  Wilson’s various motions asking the Court to access his 
correctional facility grievance history and medical records.  To begin, those records would 

not stave off dismissal of these actions.  His complaints and materials embraced by the 
complaints must be enough, standing alone, to state a claim.  See Schriener v. Quicken 
Loans, Inc., 
774 F.3d 442, 444
 (8th Cir. 2014).  In any event, it is ordinarily a litigant’s 

obligation to seek out and provide the Court with relevant information, not the reverse.  
The Court cannot conduct discovery on Wilson’s behalf.                    
IV.  CONSOLIDATION AND FILING FEES                                        
    In his letter to the Court, Wilson expresses regret that he did not file his cases one 
at a time to keep filing fees manageable.  Wilson likely could have brought all seven of his 

separate actions in a single complaint.  See Fed. R. Civ. Pro. 18 (allowing a party to bring 
“as many claims as it has against an opposing party” in one action).  Even though his 
complaints allege separate incidents of medical neglect, they all are sufficiently related to 
be handled in one case.                                                   

    At this point, many of Wilson’s other cases have already been disposed of and are 
either pending before, or have been adjudicated by, the Eighth Circuit.  The Court has no 
authority over those cases.  But the Court will consolidate the two cases now before it.  
See Fed. R. Civ. Pro. 42.  In the future, Wilson may address any matters related to case 

numbers 23-1991 and 23-1993 under the consolidated case number 23-1991.  To be clear, 
although the Court will consider any matters related to the 2022 influenza and medication 
issues under one case, it will not revisit any grievances about Ramsey County’s medical 

practices that have already been disposed of in Wilson’s other actions.   
    That leaves the matter of filing fees.  The Court has no power to alter the filing fees 
for the five cases not before it.  But the Court will not force Wilson to pay separate filing 
fees for the now-consolidated cases before it.  Accordingly, Wilson owes only $350 for 

case number 23-1991.  The Court will instruct the Clerk to withdraw its letter to prison 
authorities requesting payment in 23-1993.                                

ORDER

    Based on the foregoing, and all the files, records, and proceedings herein, IT IS 

HEREBY ORDERED that:                                                      
     1.  Pursuant to Rule 42(a) of the Federal Rules of Civil Procedure, civil case 
       numbers 23-1991 and 23-1993 are consolidated into a single action before 
       Judge John R. Tunheim and Magistrate Judge John F. Docherty.      
2.  All future filings pertaining to the above actions shall be filed in civil case 
  number 23-1991.                                                   

3.  The Magistrate Judges’ Reports and Recommendations [Docket No. 7, ECF No. 
  23-1991; Docket No. 9, ECF No. 23-1993] are ADOPTED;              
4.  The Magistrate Judge’s Order [Docket No. 9, ECF No. 23-1993] is OVERRULED 
  insofar as it instructs Plaintiff Edward Wilson to pay the statutory filing fee in 

  case number 23-1993;                                              
5.  The Clerk of Court shall provide notice to authorities at the institution where 
  Plaintiff Edward Wilson is confined that the Clerk’s previous letter noticing 

  unpaid filing fees [Docket No. 10, ECF No. 23-1993] is withdrawn and no 
  amounts are due in case number 23-1993;                           
6.  Plaintiff Edward Wilson’s Motions to Access Grievances History [Docket No. 
  17, ECF No. 23-1991; Docket Nos. 17 & 18, ECF No. 23-1993] are DENIED; and 

7.  Plaintiff’s  consolidated  action  [ECF  No.  23-1991]  is  DISMISSED  without 
  prejudice.                                                        

LET JUDGMENT BE ENTERED ACCORDINGLY.                                 
DATED:  February 23, 2024              ___s/John R. Tunheim___            
at Minneapolis, Minnesota.              JOHN R. TUNHEIM                   
                                    United States District Judge         

Trial Court Opinion

                   UNITED STATES DISTRICT COURT                          
                      DISTRICT OF MINNESOTA                              
EDWARD WILSON,                                                           
                                  Civil Nos. 23-1991 (JRT/JFD), 23-1993  
                       Plaintiff,           (JRT/DLM)                    

v.                                                                       

RAMSEY COUNTY, et al.,           MEMORANDUM OPINION AND ORDER            
                                      ADOPTING REPORTS AND               
                      Defendant.     RECOMMENDATIONS AND                 
                                       CONSOLIDATING CASES               


    Edward Wilson, OID #248463, Minnesota Correctional Facility Rush City, 
    7600 525th Street, Rush City, MN 55069, pro se Plaintiff.            


    Plaintiff Edward Wilson has filed seven separate actions against Ramsey County 
and related defendants for medical issues he has experienced while incarcerated.  Two of 
those actions are pending before the Court.  The Magistrate Judge in each case has issued 
a Report and Recommendation (“R&R”), which the Court will adopt, recommending 
Wilson’s complaints be dismissed without prejudice.  At the same time, the Court will 
consolidate the actions within its control and require Wilson to pay only a single filing fee 
for the consolidated action.                                              
                          BACKGROUND                                     
I.   NO. 23-1991                                                          
    In Wilson’s first complaint before the Court, he alleges Ramsey County Adult 

Detention Center (“ADC”) twice administered the wrong medication.  (See Compl. at 1, 
June 28, 2023, Docket No. 1, ECF No. 23-1991.)  He claims the medication caused irregular 
heartbeats, amongst other symptoms, and he requests $100 million in damages.  (Id.) 

    Magistrate Judge John F. Docherty recommended Wilson’s claim be dismissed 
without prejudice pursuant to 28 U.S.C. § 1915A.  (Order & R. & R. at 2, 6, Oct. 16, 2023, 
Docket No. 7, ECF No. 23-1991.)  While Wilson’s complaint did not specify a cause of 
action, the Magistrate Judge determined the closest fit under federal law would be a claim 

of deliberate indifference to medical needs in violation of 
42 U.S.C. § 1983
.  (Id. at 3.)  
Nonetheless, the Magistrate Judge clarified such a claim would not be viable where 
Wilson has not alleged prison officials knew of and disregarded a serious medical need, 
and where Wilson has not named any specific defendants alleged to have caused his 

harm.  (Id. at 3–4.)  Rather, the Magistrate Judge determined state tort law more naturally 
fit Wilson’s claims.  (Id. at 4.)  But without a viable federal claim, the Complaint presented 
an  insufficient  basis  for  federal  subject  matter  jurisdiction.    (Id.)    Accordingly,  the 
Magistrate Judge recommended Wilson’s complaint be dismissed without prejudice.  (Id. 

at 6.)  The Magistrate Judge also ordered Wilson to pay the $350 filing fee pursuant to 
28 U.S.C. § 1915
(b)(2).  (Id. at 5.)                                         
    Wilson subsequently filed a letter asking the Court to amend his complaint to add 
individual defendants and add claims of deliberate indifference pursuant to 
42 U.S.C. § 1983
 and violations of state tort law.  (See Claim for Relief, Dec. 20, 2023, Docket No. 
12, ECF No. 23-1991.)  The Magistrate Judge responded that the Court cannot amend 
Wilson’s complaint for him; he must do so himself pursuant to District of Minnesota Local 
Rule 15.1.  (Order, Dec. 22, 2023, Docket No. 14, ECF No. 23-1991.)       

II.  NO. 23-1993                                                          
    Wilson also filed a complaint against Ramsey County ADC seeking $100 million in 
damages after contracting influenza.  (Compl. at 1, June 28, 2023, Docket No. 1, ECF No. 
23-1993.)  Magistrate Judge Douglas L. Micko issued an R&R similarly explaining that 

Wilson sued the wrong defendant and did not plausibly allege willful disregard of his 
medical needs.  (Order & R. & R. at 3, Dec. 4, 2023, Docket No. 9, ECF No. 23-1993.)  
Accordingly, the Magistrate Judge recommended the Court dismiss Wilson’s complaint 

without prejudice pursuant to 28 U.S.C. § 1915A and ordered Wilson to pay a $350 filing 
fee pursuant to 
28 U.S.C. § 1915
(b)(2).  (See 
id. at 3-4
; see also Letter to Prison Authorities, 
Dec. 4, 2023, Docket No. 10, ECF No. 23-1993.)  Again, Wilson filed a letter requesting the 
Court amend his complaint to remedy the shortcomings identified in the R&R.  (See Claim 

for Relief, Dec. 20, 2023, Docket No. 13, ECF No. 23-1993.)               
III.  JOINT FILINGS                                                       
    In addition to the above cases, Wilson filed five other complaints related to medical 

issues while incarcerated in Ramsey County.1  He has filed certain letters with the Court 
pertaining to all of those actions.  First, he filed a letter requesting that every case reflect 
causes of action under both federal and state law.  (See Letter to the Court, Dec. 11, 2023, 
Docket No. 11, ECF No. 23-1991.)  He later requested more time to pay his filing fees in 

the various cases, indicating that he was confused, the process was new to him, and if he 
“was aware of how this process works, [he] would’ve filed one at a time.”  (See Letter to 
the Court, Dec. 27, 2023, Docket No. 15, ECF No. 23-1991.)  Finally, he filed motions for 
the Court to access his grievance history and medical records from Ramsey County ADC.  

(See, e.g., Motion to Access, Jan. 16, 2024, Docket No. 17, ECF No. 23-1991.) 
                           DISCUSSION                                    
I.   STANDARD OF REVIEW                                                   
    The Prison Litigation Reform Act requires screening of civil actions brought by 

prisoners against a government entity, officer, or employee to determine whether the 
claims are frivolous, malicious, fail to state a claim, or seek monetary relief from a 
defendant who is immune from such relief.  28 U.S.C. § 1915A.  A complaint must state a 
“claim to relief that is plausible on its face.”  Braden v. Wal-Mart Stores, Inc., 
588 F.3d 1
 ECF Nos. 23-1990 (JWB/DLM); 23-1992 (WMW/TNL); 23-1994 (ECT/ECW); 23-1995 
(KMM/JFD), 23-3673 (ECT/DLM).                                             
585, 594 (8th Cir. 2009) (quoting Ashcroft v. Iqbal, 
556 U.S. 662, 678
 (2009)).  The Court 
construes the complaint in the light most favorable to the plaintiff, drawing all reasonable 

inferences in the plaintiff’s favor.  Ashley Cnty. v. Pfizer, Inc., 
552 F.3d 659, 665
 (8th Cir. 
2009).  Although the Court accepts the complaint’s factual allegations as true, it is “not 
bound to accept as true a legal conclusion couched as a factual allegation,” Bell Atl. Corp. 
v. Twombly, 
550 U.S. 544, 555
 (2007), or mere “labels and conclusions or a formulaic 

recitation of the elements of a cause of action,” Iqbal, 
556 U.S. at 678
 (quotation omitted).  
Instead, “[a] claim has facial plausibility when the plaintiff pleads factual content that 
allows the court to draw the reasonable inference that the defendant is liable for the 

misconduct alleged.”  
Id.
                                                 
    A court must liberally construe a pro se plaintiff’s claims.  Erickson v. Pardus, 
551 U.S. 89, 94
 (2007).   However, pro se litigants are not excused from failing to comply with 
substantive or procedural law.  Burgs v. Sissel, 
745 F.2d 526, 528
 (8th Cir. 1984). 

    After a magistrate judge files an R&R, a party may file “specific written objections 
to the proposed findings and recommendations.”  Fed. R. Civ. P. 72(b)(2); accord D. Minn. 
LR 72.2(b)(1).  Unobjected portions of the R&R are only reviewed for clear error.  Fed. R. 
Civ. P. 72 advisory committee’s note, subd. (b) (“When no timely objection is filed, the 

court need only satisfy itself that there is no clear error on the face of the record in order 
to accept the recommendation.”).  Because Wilson did not object to either Magistrate 
Judge’s R&R, the Court will review only for clear error.                  
II.  ANALYSIS                                                             
    The Magistrate Judges did not clearly err in determining that Wilson’s complaints 

fail to state a claim upon which relief can be granted.  Even construing the complaints in 
the light most favorable to Wilson and inferring that he means to bring this action under 
42 U.S.C. § 1983
, he has not plausibly alleged deliberate indifference to a serious medical 
need.  See Redmond v. Kosinski, 
999 F.3d 1116, 1120
 (8th Cir. 2021).      

    Nor does Wilson plausibly allege the Court has jurisdiction over any state law 
causes of action.  Ordinarily, a federal court has subject matter jurisdiction when it has 
federal question or diversity jurisdiction.  See 
28 U.S.C. §§ 1331
, 1332.  Federal question 
jurisdiction exists when “federal law creates the cause of action” or if “relief necessarily 

depends on resolution of a substantial question of federal law.”  Franchise Tax Bd. of Cal. 
v. Constr. Laborers Vacation Tr. for S. Cal., 
463 U.S. 1
, 27–28 (1983).  Diversity jurisdiction 
requires  “complete  diversity  of  citizenship  among  the  litigants”  and  “an  amount  in 
controversy greater than $75,000.”  OnePoint Sols., LLC v. Borchert, 
486 F.3d 342, 346
 (8th 

Cir. 2007).  Wilson does not allege the parties to this litigation are diverse.  And though a 
federal court can sometimes exercise supplemental jurisdiction over state law causes of 
action when it has original jurisdiction over related claims, there is no original jurisdiction 

because Wilson’s § 1983 claim fails.  See 
28 U.S.C. § 1367
.               
    As to Wilson’s letters requesting the Court amend his complaints to cure the 
deficiencies identified in the R&Rs, Magistrate Judge John F. Docherty correctly explained 
that Wilson must do so himself.  District of Minnesota Local Rule 15.1(a) discusses 
amended pleadings, instructing that “any amended pleading must be complete in itself 
and must not incorporate by reference any prior pleading.”  (emphasis added).  So, to 

the extent Wilson wishes to file an amended pleading, he must act as if he is starting from 
scratch.  As will be discussed below, the Court will consolidate case numbers 23-1991 and 
23-1993.  Because the Court will consolidate these two cases, Wilson may file an amended 
complaint for those claims in a single document.  But that document must, standing alone, 

state a claim upon which relief can be granted.                           
III.  MOTIONS TO ACCESS                                                   
    The Court  will deny  Wilson’s various motions asking the Court to access his 
correctional facility grievance history and medical records.  To begin, those records would 

not stave off dismissal of these actions.  His complaints and materials embraced by the 
complaints must be enough, standing alone, to state a claim.  See Schriener v. Quicken 
Loans, Inc., 
774 F.3d 442, 444
 (8th Cir. 2014).  In any event, it is ordinarily a litigant’s 

obligation to seek out and provide the Court with relevant information, not the reverse.  
The Court cannot conduct discovery on Wilson’s behalf.                    
IV.  CONSOLIDATION AND FILING FEES                                        
    In his letter to the Court, Wilson expresses regret that he did not file his cases one 
at a time to keep filing fees manageable.  Wilson likely could have brought all seven of his 

separate actions in a single complaint.  See Fed. R. Civ. Pro. 18 (allowing a party to bring 
“as many claims as it has against an opposing party” in one action).  Even though his 
complaints allege separate incidents of medical neglect, they all are sufficiently related to 
be handled in one case.                                                   

    At this point, many of Wilson’s other cases have already been disposed of and are 
either pending before, or have been adjudicated by, the Eighth Circuit.  The Court has no 
authority over those cases.  But the Court will consolidate the two cases now before it.  
See Fed. R. Civ. Pro. 42.  In the future, Wilson may address any matters related to case 

numbers 23-1991 and 23-1993 under the consolidated case number 23-1991.  To be clear, 
although the Court will consider any matters related to the 2022 influenza and medication 
issues under one case, it will not revisit any grievances about Ramsey County’s medical 

practices that have already been disposed of in Wilson’s other actions.   
    That leaves the matter of filing fees.  The Court has no power to alter the filing fees 
for the five cases not before it.  But the Court will not force Wilson to pay separate filing 
fees for the now-consolidated cases before it.  Accordingly, Wilson owes only $350 for 

case number 23-1991.  The Court will instruct the Clerk to withdraw its letter to prison 
authorities requesting payment in 23-1993.                                

ORDER

    Based on the foregoing, and all the files, records, and proceedings herein, IT IS 

HEREBY ORDERED that:                                                      
     1.  Pursuant to Rule 42(a) of the Federal Rules of Civil Procedure, civil case 
       numbers 23-1991 and 23-1993 are consolidated into a single action before 
       Judge John R. Tunheim and Magistrate Judge John F. Docherty.      
2.  All future filings pertaining to the above actions shall be filed in civil case 
  number 23-1991.                                                   

3.  The Magistrate Judges’ Reports and Recommendations [Docket No. 7, ECF No. 
  23-1991; Docket No. 9, ECF No. 23-1993] are ADOPTED;              
4.  The Magistrate Judge’s Order [Docket No. 9, ECF No. 23-1993] is OVERRULED 
  insofar as it instructs Plaintiff Edward Wilson to pay the statutory filing fee in 

  case number 23-1993;                                              
5.  The Clerk of Court shall provide notice to authorities at the institution where 
  Plaintiff Edward Wilson is confined that the Clerk’s previous letter noticing 

  unpaid filing fees [Docket No. 10, ECF No. 23-1993] is withdrawn and no 
  amounts are due in case number 23-1993;                           
6.  Plaintiff Edward Wilson’s Motions to Access Grievances History [Docket No. 
  17, ECF No. 23-1991; Docket Nos. 17 & 18, ECF No. 23-1993] are DENIED; and 

7.  Plaintiff’s  consolidated  action  [ECF  No.  23-1991]  is  DISMISSED  without 
  prejudice.                                                        

LET JUDGMENT BE ENTERED ACCORDINGLY.                                 
DATED:  February 23, 2024              ___s/John R. Tunheim___            
at Minneapolis, Minnesota.              JOHN R. TUNHEIM                   
                                    United States District Judge         

Reference

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