Sergent

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 CHRISTIAN D. GATES, No. 2: 22-cv-1576 DAD CSK P 12 Plaintiff, 13 v. ORDER 14 S. SERGENT, et al., 15 Defendants. 16 17 I. Introduction 18 Plaintiff is a state prisoner, proceeding without counsel, with a civil rights action pursuant 19 to 42 U.S.C. § 1983. Pending before the court is defendants’ unopposed motion to stay this 20 action pending resolution of state criminal proceedings against plaintiff. (ECF No. 39.) 21 For the reasons stated herein, defendants’ motion to stay is granted. 22 II. Plaintiff’s Claims 23 This action proceeds on plaintiff’s complaint, filed September 8, 2022, as to plaintiff’s 24 Eighth Amendment excessive force claims against defendants Culum, Baliton, Gann, Sergent and 25 Reynolds. (ECF No. 1.) Plaintiff alleges that on September 5, 2020, plaintiff told Correctional 26 Officer Gallegos that plaintiff had safety concerns with his cellmate. (Id. at 5.) Defendants 27 Culum and Baliton then threw plaintiff into a…