UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS No. 6:19-cv-00416 Andrew PJ Whitaker, Plaintiff, V. Pennie R. Kempt et al., Defendants. Before BARKER, District Judge ORDER On this day, the court considered the findings of fact and recommendation of United States Magistrate Judge K. Nicole Mitchell concerning the consolidation of this lawsuit with an- other one filed by plaintiff Andrew Whitaker, styled Whitaker v. Kempt et al., civil action no. 6:19-cv-00349. Having conducted a proceeding in the form and manner prescribed by

(b)(1) and (3), the magistrate judge recommends that the two lawsuits be consolidated for all purposes. Plaintiff received a copy of this report on Octo- ber 1, 2019, but has filed no objections. Plaintiff is therefore barred from appealing the factual findings and legal conclu- sions of the magistrate judge which are accepted and adopted by the district court except upon grounds of plain error. Douglass v. United Services Automobile Association,

(5th Cir. 1996) (en banc). Upon review, the court is of the opinion that the findings of fact and recommendation should be accepted. It is accordingly ordered that the findings of fact and rec- ommendation of the magistrate judge, filed on September 19, 2019, are hereby adopted.

It is further ordered that the lawsuits styled Whitaker v. Kempt, et al., civil action no. 6:19-cv-00349 and Whitaker v. Kempt, et al., civil action no. 6:19-cv-00416, are consolidated for all purposes into one lawsuit under civil action no. 6:19- cv-00349. Only one filing fee shall be charged to plaintiff for this consolidated lawsuit. All further filings in the case shall be made in civil action no. 6:19-cv-00349. Any motions which may be pending in civil action no. 6:19-cv-00416 are denied. So ordered by the court on November 21, 2019. Cbok fab BARKER United States District Judge