Oboyle

(PC) Escamilla v. Oboyle

Good Law
United States District Court, Eastern District of CaliforniaSeptember 12, 20232:22-cv-02038California1,942 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 BRANDON MIGUEL ESCAMILLA, No. 2:22-cv-02038 KJM AC P Plaintiff, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

A. OBOYLE, et al., Defendant. 16 Plaintiff, a state prisoner proceeding pro se, has filed a third amended complaint (ECF No. 51), which defendants have moved to dismiss (ECF No. 52). I. Procedural History On screening the original complaint, the undersigned found that plaintiff had stated a claim for excessive force against defendants Oboyle and Phillips and ordered service of the complaint. ECF No. 6. Plaintiff then proceeded to file a first amended complaint in which he again alleged that defendants had assaulted him, and also attempted to add a due process claim based on the allegation that defendants falsified documents and evidence to cover up their assault. ECF No. 23. On screening of the first amended complaint, the undersigned found that plaintiff had once again stated a claim for excessive force but…

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