Newsome

(PC) Montecastro v. Newsome

Good Law
United States District Court, Eastern District of CaliforniaAugust 14, 20191:19-cv-01065California705 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 HENDRIX M. MONTECASTRO, et al. Case No. 1:19-cv-01065-BAM (PC) Plaintiffs, ORDER TO SEVER ACTION

v. ORDER TO SUBMIT APPLICATIONS TO

PROCEED IN FORMA PAUPERIS OR PAY

NEWSOME, et al., FILING FEE

Defendants. FORTY-FIVE (45) DAY DEADLINE 16 Plaintiffs Hendrix M. Montecastro and Paul Adams (“Plaintiffs”) are state prisoners proceeding pro se in this civil rights action pursuant to 42 U.S.C. § 1983. The court has determined that each plaintiff should proceed separately on his own claim. The Federal Rules of Civil Procedure provide that “[o]n motion or on its own, the court may at any time, on just terms, add or drop a party. The court may also sever any claim against a party.” Fed. R. Civ. P. 21. Courts have broad discretion regarding severance. See Davis v. Mason Cty., 927 F.2d 1473, 1479 (9th Cir. 1991). In the instant action, Plaintiffs are individuals in the custody of the California Department 25…

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