Troth

(PC) Leen v. Troth

Good Law
United States District Court, Eastern District of CaliforniaJuly 17, 20232:20-cv-02039California5,794 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DOVIE DEWDROP LEEN, No. 2:20-cv-02039 DJC DB Plaintiff, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

M. TROTH, et al., Defendants. 16 Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff claims defendants used excessive force against him when responding to an incident that occurred on July 18, 2020. (ECF No. 1 at 3.) Before the court is defendants’ fully briefed motion for summary judgment and their motion to stay discovery, as well as plaintiff’s motion to appoint counsel. (ECF Nos. 28, 29, 32.) For the reasons set forth below, the undersigned will deny the motion to appoint counsel, deny the motion to stay discovery as moot, and recommend that the motion for summary judgment be granted. BACKGROUND I. Relevant Procedural History Plaintiff initiated this action by filing the original complaint. (ECF No. 1.) Upon 27 …

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