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Tolliver v. Liberty Mutual Fire Insurance Co.

January 30, 2007

KEVIN A. TOLLIVER, PLAINTIFF
v.
LIBERTY MUTUAL FIRE INSURANCE COMPANY, DEFENDANT



The opinion of the court was delivered by: George C. Smith United States District Judge

Magistrate Judge Abel

ORDER

Plaintiff Kevin A. Tolliver, an inmate at Ross Correctional Institution (RCI), brought this action alleging that defendant Liberty Mutual Fire Insurance Company denied his insurance claim wrongfully and in bad faith. On December 11, 2006, the Court overruled plaintiff's objections to the Magistrate Judge's Report and Recommendation on Initial Screening and dismissed the complaint as barred by res judicata. This matter is before the Magistrate Judge on Tolliver's December 28, 2006 motion to consolidate this case with Kevin A. Tolliver v. Liberty Mutual Fire Insurance Company, 2:06-cv-904 (doc. 11).

This is a closed case. Plaintiff chose to file two separate complaints against Liberty Mutual. He cannot circumvent the judgment in this case by consolidating it with 2:06-cv-904. Accordingly, plaintiff's December 28, 2006 motion to consolidate (doc. 11) is DENIED.

20070130

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