French

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 9 RICHARD GOSZTYLA, No. 2:21-cv-01403-TLN-EFB P Plaintiff, v. FINDINGS AND RECOMMENDATIONS FRENCH, et al., Defendants. 15 Plaintiff is a state prisoner proceeding without counsel in this action brought under 42 U.S.C. § 1983. Defendants seek dismissal of the case, arguing that plaintiff’s claim fails as a matter of law. ECF No. 18. For the reasons that follow, the court finds that the motion must be denied. I. Plaintiff’s Allegations In his complaint, plaintiff alleges:

On March third 2018 Officer French and Officer Pfeifer stormed my residence without announcing themselves and kicked in the bedroom door occupied by my wife and myself. After they kicked the door in, these two defendants ordered my wife and myself to the ground, we immediately complied. While I was face down on the ground, Officer French kicked me on my left side causing serious injury. Immediately after this, Officer Pfeifer kicked…