Villegas

I. INTRODUCTION

18 Jerry King (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis with 19 this civil rights action filed pursuant to 42 U.S.C. § 1983. This case is proceeding on Plaintiff’s 20 claims for excessive force in violation of the Eighth Amendment against defendants R. Villegas 21 and P. Cruz based on allegations that, while Plaintiff was in restraints, defendant Villegas 22 rammed his head into a wall and swept him off his feet and defendant Cruz hit him with great 23 force and a closed fist in his right eye, causing him to bleed. (ECF Nos. 1, 14, & 20).1 24 On October 25, 2019, this case was stayed pending resolution of a related criminal 25 proceeding. (ECF No. 89). After being informed on May 18, 2022, that the criminal 26 proceeding had been resolved (ECF No. 105), the Court lifted the stay. (ECF No. 107). 27

28 1 On May 18, 2022, Defendants filed a motion for judgment on the pleadings, arguing 2 that Plaintiff’s claims in this case are barred because they contradict the facts referred to in 3 Plaintiff’s nolo contendere (no contest) plea to violating California Penal Code § 69 against two 4 victims in state court. (ECF No.…