Phillips

(PC) DeLeon v. Phillips

Good Law
United States District Court, Eastern District of CaliforniaOctober 15, 20241:24-cv-00234California529 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

7 8 VINCENT DELEON, No. 1:24-cv-00234-KES-EPG (PC) Plaintiff, ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS TO DISMISS

v. CERTAIN CLAIMS AND DEFENDANTS

AND TO PROCEED ON PLAINTIFF’S

BRYAN PHILLIPS, et al., EXCESSIVE FORCE CLAIM Defendants. (Doc. 13) 14 15 Vincent DeLeon proceeds pro se and in forma pauperis in this civil rights action filed pursuant to 42 U.S.C. § 1983. Plaintiff’s first amended complaint (FAC) alleges correctional officers at California Substance Abuse Treatment Facility (CSATF) used excessive force against him. Doc. 11. The matter was referred to a United States magistrate judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. Plaintiff filed his initial complaint on February 26, 2024. Doc. 1. On April 19, 2024, the Court screened plaintiff’s complaint and found that, “[w]hile the allegations in the complaint appear to state an incident of excessive force, it is not clear from the complaint who used force 24 …

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