Triplett

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ERIC HATTON, No. 2:21-cv-1206 TLN DB P Plaintiff, v. ORDER DUSTIN TRIPLET, Defendant. 16 Plaintiff, a county jail inmate proceeding pro se and in forma pauperis, filed this civil rights action seeking relief under 42 U.S.C. § 1983 for an alleged unconstitutional use of force by Deputy Triplett at the Rio Cosumnes Correctional Center (“RCCC”). (ECF No. 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. Before the court is defendant’s motion to stay this case pending the resolution of plaintiff’s parallel criminal case. (ECF No. 15.) For the reasons set forth, the motion will be denied without prejudice. I. Procedural Background and Motion to Stay Plaintiff’s complaint alleges Deputy Triplett, a correctional peace officer at RCCC, initiated a physical altercation by “swinging” first at plaintiff. (ECF No. 1 at 3.) Thereafter, when 27 …