Colvin

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 LARRY WILLIAM CORTINAS, No. 2:21-cv-02291-CKD P Plaintiff, v. ORDER AND COVIN, et al., FINDINGS AND RECOMMENDATIONS Defendants. 16 Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil rights action filed pursuant to 42 U.S.C. § 1983. This proceeding was referred to this court by Local Rule 302 pursuant to 28 U.S.C. § 636(b)(1). Currently pending before the court is defendants’ motion to sever defendant Stewart from this action pursuant to Rule 21 of the Federal Rules of Civil Procedure. ECF No. 32. The motion has been fully briefed by the parties. ECF Nos. 37, 40. For the reasons discussed more fully below, the undersigned recommends granting defendants’ motion and dismissing the claim against defendant Stewart without prejudice to being opened as a separate civil suit. I. Factual and Procedural History In the complaint, plaintiff alleged that, while being…