Swinson v. Stone et al

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
NORTHERN DIVISION
ERNEST A. SWINSON, 	)
)
Plaintiff, 	)
)
v. 	) 	No. 2:25-CV-00083 HEA
)
JAMES KEVIN STONE, et al., 	)
)
Defendants. 	)
OPINION, MEMORANDUM AND ORDER
Before the Court is plaintiff Ernest Swinson’s typed civil complaint brought against
defendants James Kevin Stone and Town and Country Abstract Company, Inc., filed on November
17, 2025. [ECF No. 1]. Plaintiff alleges on May 26, 2017, defendant Stone, the Randolph County
Assessor, changed the legal description of plaintiff’s property, resulting in the loss of a portion of
the land. His complaint seeks damages for this alleged constitutional violation that purportedly
occurred in 2017. He makes these same allegations in another lawsuit filed in this Court before the
undersigned. See Swinson v. Stone, et al., No. 2:25-CV-00012 HEA (E.D.Mo.). Plaintiff brought
his prior lawsuit on January 22, 2025, and he filed an amended complaint in that lawsuit on June
26, 2025. Currently pending in that lawsuit is a motion for reconsideration of the Court’s Opinion,
Memorandum and Order issued on June 27, 2025, relating to the denial of plaintiff’s motion for
injunctive relief.
Under Rule 42(a) of the Federal Rules of Civil Procedure, a district court has broad
discretion to consolidate actions that involve a common question of law or fact. The Court may
consolidate cases on its own motion when appropriate. Bendzak v. Midland Nat’l Life Ins. Co., 240
F.R.D. 449, 450 (S.D. Iowa 2007) (cleaned up).
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Here, both actions involve the same parties and stem from the same nucleus of operative
fact—specifically, plaintiff’s assertions that defendant Stone, the Randolph County Assessor,
changed the legal description of plaintiff’s property. Although not all of plaintiff’s legal theories
in the two lawsuits are the same, their factual underpinnings are substantially identical.
Consolidation is warranted to promote judicial economy, eliminate duplicative proceedings, and
avoid the risk of inconsistent rulings. Accordingly, this case will be consolidated with Swinson v.
Stone, et al., No. 2:25-CV-00012 HEA (E.D.Mo.) for all further proceedings. See E.D. Mo. L.R.
4. Plaintiff’s motion to proceed in forma pauperis in this action will be denied as moot.
Additionally, plaintiff will be instructed to file a second amended complaint, on a Court-
provided Civil Complaint form in Swinson v. Stone, et al., No. 2:25-CV-00012 HEA (E.D.Mo.)
containing all his claims against defendants. He will be given twenty-one (21) days to do so.
Plaintiff’s failure to comply with this requirement will result in a dismissal of Swinson v. Stone, et
al., No. 2:25-CV-00012 HEA (E.D.Mo.), without prejudice.
Accordingly,
IT IS HEREBY ORDERED that this case is CONSOLIDATED with Swinson v. Stone,
et al., No. 2:25-CV-00012 HEA (E.D.Mo.) for all further proceedings.
IT IS FURTHER ORDERED that all future filings shall be made in Swinson v. Stone, et
al., No. 2:25-CV-00012 HEA (E.D.Mo.).
IT IS FURTHER ORDERED that plaintiff’s motion to proceed in forma pauperis in this
action [ECF No. 2] is DENIED AS MOOT.
IT IS FURTHER ORDERED that a copy of this Memorandum and Order shall be filed
in Swinson v. Stone, et al., No. 2:25-CV-00012 HEA (E.D.Mo.).
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IT IS FURTHER ORDERED that the Clerk shall provide plaintiff with a copy of a Civil
Complaint form.
IT IS FURTHER ORDERED that plaintiff shall file a second amended complaint in
Swinson v. Stone, et al., No. 2:25-CV-00012 HEA (E.D.Mo.), on a Court-provided form,
encompassing all his claims against defendants, no later than twenty-one (21) days from the
date of this Opinion, Memorandum and Order. The Court will not accept any supplements
or amendments to the second amended complaint outside of the Court-provided form.
IT IS FURTHER ORDERED that plaintiff’s failure to comply with the Court’s Order
will result in a dismissal of his action in Swinson v. Stone, et al., No. 2:25-CV-00012 HEA
(E.D.Mo.), without prejudice.
IT IS FINALLY ORDERED that the Clerk of Court shall ADMINISTRATIVELY
CLOSE this case.
Dated this 19 th day of November, 2025.
HENRY EDWARD AUTREY
UNITED STATES DISTRICT JUDGE
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