Perez

(PC) Phelps v. Perez

Good Law
United States District Court, Eastern District of CaliforniaJune 30, 20221:21-cv-01108California1,381 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 PAUL PHELPS, Case No. 1:21-cv-01108-JLT-BAM (PC) Plaintiff, FINDINGS AND RECOMMENDATIONS

REGARDING DISMISSAL OF ACTION FOR

v. FAILURE TO PROSECUTE AND FAILURE

TO OBEY A COURT ORDER

PEREZ, et al., (ECF No. 33) Defendants.

FOURTEEN (14) DAY DEADLINE

16 I. Background Plaintiff Paul Phelps (“Plaintiff”) is a former pretrial detainee proceeding pro se and in forma pauperis in this civil rights action under 42 U.S.C. § 1983. This action proceeds on Plaintiff’s first amended complaint against: (1) Defendants Townsend and Bettes for excessive force in violation of the Fourteenth Amendment; (2) Defendant Perez for supervisor liability in violation of the Fourteenth Amendment; and (3) Defendant County of Madera for Monell liability in violation of the Fourteenth Amendment. This matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On May 2, 2022, the Court…

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