Hicks

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

TRACYE BENARD WASHINGTON, 1:19-cv-00156-JLT-GSA-PC

Plaintiff, ORDER DENYING PLAINTIFF’S MOTION

TO EXCLUDE EVIDENCE AND MOTION

vs. FOR APPOINTMENT OF COUNSEL

HICKS, et al., (ECF No. 116.)

Defendants. 16 17 18 19 20 I. BACKGROUND Tracye Benard Washington (“Plaintiff”) is a state prisoner proceeding pro se with this civil rights action pursuant to 42 U.S.C. § 1983. This case now proceeds with Plaintiff’s original Complaint filed on February 5, 2019, against defendant Sergeant David Hicks for use of excessive force in violation of the Eighth Amendment. (ECF No. 1.)1 26 1 On June 22, 2020, the court issued an order dismissing all other claims and defendants 27 from this action, except against Defendants Rocha and Hicks for use of excessive force, based on Plaintiff’s failure to state a claim. (ECF No. 19.) On August 11, 2022, Defendant Rocha’s motion for terminating sanctions was granted and Defendant Rocha was…