Andres
(PC) Tate v. Andres
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DEREK TATE, No. 2:18-cv-0822 KJM AC P Plaintiff, v. ORDER J. ANDRES, Defendant. 16 Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 42 U.S.C. § 1983. Currently before the court is plaintiff’s motion to compel documents. ECF No. 41. I. Plaintiff’s Allegations Plaintiff alleges that defendant violated his rights under the First and Eighth Amendments by using excessive force in retaliation for filing a grievance, and then failing to get him medical treatment. ECF No. 1. Specifically, plaintiff claims that he filed a grievance against defendant, and that after the grievance was filed defendant slammed his face into a wall for no reason during an escort. Id. at 7-10. After the assault, defendant refused to alert his supervisor or medical staff that plaintiff needed medical attention for his injuries, and plaintiff was not seen by medical staff for over two…