Jenkins v. Blauser, 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)
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
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?