(PC) Jenkins v. Blauser, et al., No. 2:2017cv01867 - Document 31 (E.D. Cal. 2017)

Court Description: ORDER adopting 30 FINDINGS AND RECOMMENDATIONS and granting 23 Motion to sever signed by District Judge Garland E. Burrell, Jr on 9/7/17. (Kaminski, H)
Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ROBERT LEE JENKINS, Jr., 12 Plaintiff, 13 14 No. 2:13-cv-2273 GEB DB P v. ORDER LARES, et al., 15 Defendants. 16 17 Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief 18 under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 19 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On August 7, 2017, the magistrate judge filed findings and recommendations herein 20 21 which were served on all parties and which contained notice to all parties that any objections to 22 the findings and recommendations were to be filed within fourteen days. Neither party has filed 23 objections to the findings and recommendations. The court has reviewed the file and finds the findings and recommendations to be 24 25 supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY 26 ORDERED that: 1. The findings and recommendations filed August 7, 2017 (ECF No. 30) are adopted in 27 28 full. 1 1 2. Defendants’ May 24, 2017 motion to sever (ECF No. 23) is granted. 2 3. The claims in case No. 2:13-cv-2273 are severed into four separate actions, with the 3 current case number remaining assigned to the Claim #1 against Defendants Peery, Gower, and 4 Barnes. 5 4. The Clerk of Court is directed to assign new case numbers for the three remaining 6 claims: Claim #2 against Defendants Barker and Lares; Claim #3 against Defendants McGrath, 7 Parker, and Drake; and Claim #4 against Defendants Blauser and Smith. 8 5. The same district judge and magistrate judge shall be assigned in these new actions. 9 6. The filings from case No. 2:13-cv-2273 shall be included on the dockets of each case. 10 Dated: September 7, 2017 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2