Jenkins v. McGrath, et al.

Filing 31

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)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ROBERT LEE JENKINS, Jr.,

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Plaintiff,

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No. 2:13-cv-2273 GEB DB P

v.

ORDER

LARES, et al.,

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Defendants.

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Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief

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under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to

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28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
On August 7, 2017, the magistrate judge filed findings and recommendations herein

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which were served on all parties and which contained notice to all parties that any objections to

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the findings and recommendations were to be filed within fourteen days. Neither party has filed

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objections to the findings and recommendations.
The court has reviewed the file and finds the findings and recommendations to be

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supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY

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ORDERED that:
1. The findings and recommendations filed August 7, 2017 (ECF No. 30) are adopted in

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full.
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2. Defendants’ May 24, 2017 motion to sever (ECF No. 23) is granted.

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3. The claims in case No. 2:13-cv-2273 are severed into four separate actions, with the

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current case number remaining assigned to the Claim #1 against Defendants Peery, Gower, and

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Barnes.

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4. The Clerk of Court is directed to assign new case numbers for the three remaining

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claims: Claim #2 against Defendants Barker and Lares; Claim #3 against Defendants McGrath,

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Parker, and Drake; and Claim #4 against Defendants Blauser and Smith.

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5. The same district judge and magistrate judge shall be assigned in these new actions.

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6. The filings from case No. 2:13-cv-2273 shall be included on the dockets of each case.

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Dated: September 7, 2017

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