Tracye Benard Washington v. California Department of Corrections and Rehabilitations

I.

INTRODUCTION

Plaintiff Tracye Benard Washington (“Washington’’), proceeding pro se and in forma paupeuis, has filed a First Amended Complaint (“FAC”) pursuant to 42 U.S.C. § 1983 (“Section 1983”) alleging violations of his Eighth Amendment rights. Dkt. 12. Defendants Hanks, Romo- Munoz, Lizama, Pressnell, Hernandez, Rosales, and Wingfield (“Defendants”) have filed a Motion to Sever pursuant to Federal Rule of Civil Procedure 21 (“Rule 21”) seeking to sever the claims against Defendants arising out of an incident on July 25, 2018 from the claims arising out of an incident on November 14, 2018. Dkt. 44. For the reasons set for the below, Defendants’ Motion to Sever is DENIED without prejudice.

II.

BACKGROUND

On March 20, 2019, Washington constructively filed’ the instant FAC alleging Defendants used excessive force against him on two occasions, July 25, 2018 and November 14, 2018, while he

"Under the “mailbox rule,” when a pro se inmate gives prison authorities a pleading to mail to court, the court deems the pleading constructively “filed” on the date it is signed. Roberts v. (continued . . . ) Page 1 of 4 CIVIL MINUTES—GENERAL Initials of…