Baez
(PC) Gradford v. Baez
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
WILLIAM J. GRADFORD, ) Case No.: 1:20-cv-00858-DAD-JLT (PC) ) Plaintiff, ) ORDER DENYING MOTION TO SET ASIDE ) DISMISSAL AND SET SCHEDULING v. ) CONFERENCE ) DEPUTY BAEZ, ) (Doc. 15) Defendant. ) ) )
Before the Court is Plaintiff’s motion to set aside dismissal and set scheduling conference. (Doc. 15.) Because it appears this motion has been filed in error in this case (see Doc. 16 at 1), the Court denies the motion. I. Background William J. Gradford initiated this civil rights action pursuant to 42 U.S.C. § 1983 by filing a complaint and motion to proceed in forma pauperis. (Docs. 1, 3.) Plaintiff seeks redress due to an incident involving Deputy Baez and retaliation he claims he faced in prison. (See Doc. 1.) The Court found that Plaintiff states a cognizable claim only as to excessive force in violation of the Eighth Amendment to the Constitution. (Doc. 6.) Pursuant to the…