(PS) Osborne v. Tracy Police Dept

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MICHELLE OSBORNE, No. 2:20–cv–01805–JAM–KJN PS Plaintiff, FINDINGS AND RECOMMENDATIONS;

ORDER STAYING CASE

v. (ECF No. 22.) TRACY POLICE DEPARTMENT, et al., Defendants. 16 Plaintiff, proceeding without counsel,1 alleges multiple causes of action against numerous officers of the Tracy Police Department. (ECF No. 21.) Plaintiff’s claims center on allegations that Officer Jose Calvache used excessive force against her, in violation of her Fourth Amendment rights, and other officers conspired to cover up Calvache’s acts. Currently before the court is defendants’ third motion to dismiss for failure to state a claim or, in the alternative, motion for summary judgment. (ECF Nos. 22, 24.) Plaintiff opposes dismissal of her claims, opposes summary judgment, and submits evidence. (ECF Nos. 23, 27.) The court recommends:

I. Summary judgment be granted on plaintiff’s excessive force claim under

42 U.S.C. Section 1983, as…