Nieves
(PC) Calloway v. Nieves
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JAMISI JERMAINE CALLOWAY, No. 2:19-cv-01792-KJM-CKD P Plaintiff, v. ORDER AND D. NIEVES, et al., FINDINGS AND RECOMMENDATIONS Defendants. 16 Plaintiff is a state prisoner proceeding pro se in this civil rights action filed pursuant to 42 U.S.C. § 1983. This case is proceeding on plaintiff’s complaint alleging that defendants Nieves and Luang used excessive force against him and that defendants Mims, Aungst, and Abu were deliberately indifferent to his serious medical needs resulting from the use of force, all in violation of the Eighth Amendment. Currently pending before the court are defendants’ motion to compel and plaintiff’s motion for a temporary restraining order/preliminary injunction. ECF Nos. 72, 78. The court will address each motion in turn. I. Discovery Disputes A. Plaintiff’s Motion to Compel On September 27, 2021, the court granted plaintiff’s motion to compel, in part, and…