(PC)Allen
(PC)Allen v. Arias
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 JAMES D. ALLEN, Case No. 1:22-cv-01502-BAM (PC) Plaintiff, ORDER TO SHOW CAUSE WHY ACTION
SHOULD NOT BE DISMISSED FOR
v. FAILURE TO PROSECUTE ARIAS, et al., (ECF Nos. 60, 61) Defendants. TWENTY-ONE (21) DAY DEADLINE 16 Plaintiff James D. Allen (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action proceeds on Plaintiff’s third amended complaint against: (1) Defendant M. Rodriguez for excessive force in violation of the Eighth Amendment; (2) Defendant M. Rodriguez for assault and battery under state law; and (3) Defendant J. Anaya for failure to protect/intervene in violation of the Eighth Amendment. All parties have consented to United States Magistrate Judge jurisdiction. (ECF No. 59.) On February 6, 2025, Defendants filed a motion for summary judgment on the ground that Plaintiff failed to…