(PC) Xavier v. Gonzales

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 GARY RAYMOND XAVIER, Case No. 2:25-cv-1012-JDP (P) Plaintiff, v. ORDER DAVID GONZALEZ, et al., Defendants. 16 17 Plaintiff, a state prisoner proceeding pro se, brings this § 1983 action against David Gonzalez, D. Condon, J. Avina, R. Haynie, and A. Reilly—correctional officers at Mule Creek State Prison—as well as Pekke, a nurse, and J. Costa, a psychiatrist, alleging violations of the Eighth and Fourteenth Amendments and state law torts. ECF No. 1. Plaintiff sufficiently alleges Eighth Amendment claims against Gonzalez, Condon, and Avina for excessive force, and against Haynie for failure to train, in their individual capacities, but his remaining allegations fail to state a claim. Plaintiff may, if he chooses, file an amended complaint that addresses the deficiencies noted herein. I will grant plaintiff’s application to proceed in forma pauperis. ECF No. 2. Screening and Pleading Requirements A…