Hernandez-Gomez v. Grant

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF OKLAHOMA
JOSE HERNANDEZ-BLANCO, 	)
)
Petitioner, 	)
)
vs. 	) 	Case No. CIV-26-278-R
)
SCARLET GRANT, 	)
)
Respondent. 	)
ORDER
Petitioner, proceeding pro so, has filed a Petition for Writ of Habeas Corpus under
28 U.S.C. § 2241 [Doc. No. 1] challenging his immigration detention. Petitioner has also
filed a Motion to Consolidate [Doc. No. 3] seeking to consolidate this action with an action
filed by his father, David Hernandez-Gomez v. Grant, CIV-26-282-G (W.D. Okla.).
Federal Rule of Civil Procedure 42(a) provides that a court may consolidate actions
that “involve common questions of law or fact[.]” Consolidation of separate actions is
permitted “as a matter of convenience and economy in judicial administration” and the
district court is given “broad discretion to decider whether consolidation under Rule 42(a)
would be desirable.” 9A Fed. Prac. & Proc. Civ. § 2383 (3d ed. 2008) “In deciding whether
to grant a motion to consolidate, the court should initially consider whether the cases to be
consolidated involve a common question of law or fact,” and if so, “the court should weigh
the interests of judicial convenience in consolidating the cases against the delay, confusion,
and prejudice that consolidation might cause.” Cheney v. Judd, 429 F. Supp. 3d 931, 936
(D.N.M. 2019).
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Upon consideration, the Court concludes that consolidation of the actions is
appropriate. The two cases assert nearly identical claims for relief, involve the same
respondent, are at the same stage of litigation, and appear to arise from the same set of
facts. Consolidating these cases will preserve judicial resources and there does not appear
to be any risk of prejudice or confusion.
Accordingly, Plaintiff’s Motion to Consolidate is GRANTED. The above-captioned
case is designated as the lead case, with all pleadings to be filed from this date forward in
the lead case ONLY. The case David Hernandez-Gomez v. Grant, CIV-26-282-G (W.D.
Okla.) is consolidated under the lead case number, all filings are deemed filed in the lead
case number, and the action is administratively closed. The Clerk is directed to file a copy
of this order in the CIV-26-282-G action.
IT IS SO ORDERED this 26 th day of February, 2026.
Case 5:26-cv-00282-G Document 5 Filed 02/26/26 Page 2 of 2