Gamboa

(PC) Garces v. Gamboa

Good Law
United States District Court, Eastern District of CaliforniaApril 30, 20241:21-cv-00392California3,064 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 LUIS MANUEL GARCES, Case No. 1:21-cv-00392-JLT-EPG (PC) Plaintiff, ORDER GRANTING DEFENDANTS’

MOTION TO STRIKE PLAINTIFF’S

13 v. MOTION FOR SUMMARY JUDGMENT AS

UNTIMELY

M. GAMBOA, et al.,

(ECF Nos. 222, 225). Defendant.

17 On February 20, 2024, Plaintiff filed a “Request for Judgment” that seeks summary 18 adjudication of his claims against Defendants Hernandez, Hubbard, Cathey, Wolf, and Huerta.1

20 This case proceeds on Plaintiff’s claims for excessive force in violation of the Eighth Amendment against Defendants Hernandez, Hubbard, Huerta, Cathey, Wolf, and Allison; Plaintiff’s claims for deliberate indifference to a serious medical need in violation of the Eighth Amendment against Defendants Hernandez, Hubbard, Gill, Ibarra, Camacho, Aragon, Ramadan, and Boyd; and Plaintiff’s claims for procedural due process in violation of the Fourteenth Amendment against Defendants Gamboa, Babb, and Sanders. (ECF No. 18 at 28; ECF…

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