Schmidt

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MARIO A. VALENZUELA, No. 2:22-cv-01109 DB P Plaintiff, v. ORDER T. SCHMIDT, et al., Defendants. 16 Plaintiff, a state prisoner, filed this civil rights action seeking relief under 42 U.S.C. § 1983. Plaintiff alleges an unconstitutional use of force by prison officials at California State Prison in Sacramento, California. This matter was referred to the undersigned pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. Defendants have filed an unopposed motion to stay this case pending resolution of plaintiff’s parallel criminal case. (ECF No. 18.) For the reasons set forth below, the motion is denied without prejudice. I. Procedural Background and Motion to Stay Plaintiff alleges he was assaulted on March 24, 2020, during an emergency cell extraction. (ECF No. 1.) Officer T. Schmidt, E. Thompson, and G. Meyers allegedly used their batons to hit plaintiff on the back of his head and face while…