Paviglianti

(PC) Cain v. Paviglianti

Good Law
United States District Court, Eastern District of CaliforniaFebruary 9, 20222:20-cv-01768California881 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ANTONIO LAMONT CAIN, Case No. 2:20-cv-01768-JDP (PC) Plaintiff, ORDER GRANTING PLAINTIFF’S MOTION

TO AMEND THE COMPLAINT AND

v. DENYING UNITED STATES OF

AMERICA’S MOTIONS FOR

B. PAVIGLIANTI1, CLARIFICATION AND FOR AN

EXTENSION OF TIME

Defendant. ECF Nos. 32, 33, 37

FINDINGS AND RECOMMENDATIONS

THAT PLAINTIFF’S MOTION FOR

DEFAULT JUDGMENT BE DENIED

18 ECF No. 35 19 Plaintiff is a federal prisoner proceeding without counsel in this Bivens action. The court previously screened plaintiff’s first amended complaint and found that it stated an Eighth Amendment excessive force claim against defendant Paviglianti. ECF No. 16. The U.S. Marshal

1 Plaintiff first amended complaint identified defendant as “B. Pauigliati.” ECF No. 13. Defendant has filed a waiver of service that explains that the correct spelling of his name is “B. 25 Paviglianti.” ECF No. 31 at 1. …

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