LLoyd

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ERIC ANTHONY ALSTON, JR., No. 2:18-cv-02420 TLN CKD (PS) Plaintiff, v. ORDER COUNTY OF SACRAMENTO, et al., Defendants. 16 Plaintiff proceeds without counsel under 42 U.S.C. § 1983 and this matter is before the undersigned pursuant to Local Rule 302(c)(21). Before the court is defendant Rivera’s1 motion to sever the claims against him under Rule 21 of the Federal Rules of Civil Procedure. (ECF No. 105.) Plaintiff has not opposed the motion or filed a statement of non-opposition.2 For the reasons set forth below, the court vacates the hearing noticed to take place on August 30, 2023, and denies the motion without prejudice. 23 1 Defendant appears as Deputy Brandon Rivera (sued as “Riviera”). Good cause appearing, the docket will be amended to reflect the correct spelling of defendant’s name.

2 The court construes plaintiff’s omission of a timely opposition as a non-opposition. See E.D. Cal. L.R. 230(c) (“Opposition, if any, to the…