Lewis

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DEVIN TREVONE LAMAR III, Case No. 1:23-cv-00462-HBK (PC) Plaintiff, SCREENING ORDER1 v. ORDER TO SEVER CLAIMS

SONN, TOON, T. LEWIS, and FRANCO, (Doc. No. 1) Defendants. 16 Pending before the Court for screening under 28 U.S.C. § 1915A is the pro se civil rights complaint filed under 42 U.S.C. § 1983 by Devin Trevone Lamar III—a former prisoner. (Doc. No. 1, “Complaint”). Upon review, the Court finds the Complaint states two distinct cognizable Eighth Amendment excessive use of force claims: the first one against Defendants Sonn and Toon and the second one against Lewis and Franco. Because the claims are misjoined, they may not proceed in the same action. Since the Court finds that Plaintiff’s claims would likely be time barred if he was required to refile them, the Court will direct the Clerk of Court to sever the claims against Defendants Lewis and Franco and permit Plaintiff to proceed on those claims in a separate…