Sergent

(PC) Gates v. Sergent

Good Law
United States District Court, Eastern District of CaliforniaApril 26, 20242:22-cv-01576California2,279 words

Opinion

Trial Court Opinion

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

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