(PC) Legare v. Burden ( 2020 )

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 JASON PAUL LEGARE, Case No. 1:19-cv-01375-EPG (PC) 11 Plaintiff, ORDER GRANTING PLAINTIFF’S REQUEST TO SEVER 12 v. ORDER SEVERING CLAIMS AND 13 E. BURDEN, et al., DIRECTING CLERK TO OPEN NEW ACTION BASED ON LODGED 14 Defendants. COMPLAINT (ECF NO. 16) 15 16 17 Jason Legare (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis in 18 this civil rights action filed pursuant to 42 U.S.C. § 1983. 19 On February 21, 2020, the Court screened Plaintiff’s complaint. (ECF No. 11). In the 20 screening order, the Court informed Plaintiff that “Plaintiff’s claim against defendant 21 Burden has no relation to the other claims in this case.” (Id. at 5). The Court gave Plaintiff 22 leave to amend, and informed Plaintiff that “[i]n the amended complaint, Plaintiff should pick a 23 claim to proceed on. He may also proceed on related claims in compliance with Federal Rules 24 of Civil Procedure 18 and 20. As to his unrelated claims, if Plaintiff wishes to proceed on those 25 claims he should file separate action(s).” (Id.). 26 On May 18, 2020, Plaintiff filed a First Amended Complaint. (ECF No. 15). On May 27 27, 2020, Plaintiff lodged an Amended Complaint. (ECF No. 16). Plaintiff asks for his claims 28 be severed, and for the Court to assign a new case number to the lodged Amended Complaint. 4:40 UV VEER YS MMIC Be POO ee AY eI 1 Federal Rule of Civil Procedure 21 provides that, “[o]n motion or on its own, the court 2 at any time, on just terms, add or drop a party. The court may also sever any claim against 3 |;aparty.” Fed. R. Civ. P. 21. Courts have broad discretion regarding severance. See, e.g, 4 Coleman v. Quaker Oats Co., 232 F.3d 1271, 1296-97 (9th Cir. 2000); Maddox v. County of 5 Sacramento, 2006 WL 3201078, *2 (E.D. Cal. Nov. 6, 2006). 6 As Plaintiff appears to be attempting to comply with the Court’s screening order, the 7 || Court will grant Plaintiff's request. 8 Accordingly IT IS ORDERED that the Clerk of Court is directed to: 1) Open a new § 9 || 1983 action for Plaintiff; 2) File and docket a copy of this order and Plaintiff's Lodged 10 |] Amended Complaint (ECF No. 16) in the new action; and 3) Provide Plaintiff with the case 11 |}number for the newly opened action. 12 3 IT IS SO ORDERED. ‘4 |! Dated: _May 29, 2020 [Je hey 15 UNITED STATES MAGISTRATE JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28