Hicks

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 MICHAEL MADDEN, Successor-in- Case No. 1:18-cv-00255-ADA-BAM (PC) Interest to Ryan P. Madden, et al., FINDINGS AND RECOMMENDATION Plaintiffs, DENYING DEFENDANTS’ MOTION TO DISMISS v. (ECF No. 31) HICKS, et al., FOURTEEN (14) DAY DEADLINE Defendants. 16 I. Introduction Plaintiffs Michael Madden and Kathleen (“Kathy”) Madden, as Successors-in-Interest to Ryan P. Madden (collectively, “Plaintiffs”) are proceeding pro se and in forma pauperis in this civil rights action under 42 U.S.C. § 1983. This action proceeds against Defendant Hicks for excessive force and assault and battery claims, and against Defendants Silva and Hicks for California Bane Act and retaliation claims. Defendants Hicks and Silva filed a motion to dismiss. (ECF No. 31.) Plaintiffs filed an opposition, and Defendants filed a reply. (ECF Nos. 37, 47.) The motion to dismiss is deemed submitted.…