(PC)Moya
(PC)Moya v. Chism
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
RENE ANTHONY MOYA, ) Case No. 1:21-cv-01624 JLT SAB (PC) ) Plaintiff, ) ORDER ADOPTING THE FINDINGS AND ) RECOMMENDATIONS AND DISMISSING v. ) CERTAIN CLAIMS AND DEFENDANTS ) B. CHISM, et al., ) (Doc. 10) ) Defendants. ) ) )
Rene Anthony Moya asserts his civil rights were violated at Kings County Jail, where Plaintiff is a pretrial detainee, and seeks to hold the defendants liable pursuant to 42 U.S.C. § 1983. (See generally Doc. 1.) The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On December 15, 2021, the assigned magistrate judge reviewed the allegations of the complaint pursuant to 28 U.S.C. § 1915A(a). (Doc. 6.) The magistrate judge found Plaintiff stated a cognizable claim for excessive force against Deputy VanNess and failure to protect claim against Sergeant Putnam. (Id. at 2-4.) However, the…