Hicks
(PC) Washington v. Hicks
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
TRACYE BENARD WASHINGTON, 1:19-cv-00156-NONE-GSA-PC
Plaintiff, ORDER DENYING PLAINTIFF’S MOTION
TO COMPEL AND FOR SANCTIONS, AND
vs. DENYING MOTION FOR APPOINTMENT
OF COUNSEL
HICKS, et al., (ECF No. 38.) Defendants. 16 17 I. BACKGROUND Tracye Benard Washington (“Plaintiff”) is a state prisoner proceeding pro se with this civil rights action pursuant to 42 U.S.C. § 1983. This case now proceeds with Plaintiff’s Complaint filed on February 5, 2019, against defendants Sergeant David Hicks and Correctional Officer Hipolito Rocha (“Defendants”) for use of excessive force in violation of the Eighth Amendment. (ECF No. 1.)1 On December 7, 2020, Defendant Rocha filed an Answer, and on December 8, 2020, the court issued a Discovery and Scheduling Order, setting a discovery deadline of May 8, 2021 and a dispositive motions deadline of July 8, 2021. (ECF No. 28.) On December 23, 2020, Defendant 27 …