Harper v. Farhat, et al.

Summary

The United States District Court for the Eastern District of California adopts the magistrate judge’s findings and recommendations concerning misjoined claims in a prisoner civil rights action under 42 U.S.C. § 1983. The court grants the motion to sever, directs that claims against Defendants Singh and Ekinim be opened as separate actions, and terminates those defendants from the present case. Defendant Farhat is ordered to respond to the second amended complaint within thirty days.

Holdings

1. The district court adopted the magistrate judge's findings and recommendations in full because they were supported by the record and proper legal analysis, and no objections were filed.
2. Claim Two against Singh and Claim Three against Ekinim were severed from the action, and Singh and Ekinim were terminated as defendants in the original case.

Questions Presented

1. Whether the magistrate judge's findings and recommendations should be adopted when no party filed objections.
2. Whether Claim Two against Singh and Claim Three against Ekinim should be severed as misjoined under Federal Rule of Civil Procedure 21.

Disposition

other