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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 FOR THE EASTERN DISTRICT OF CALIFORNIA 7 8 RICHARD GOSZTYLA, No. 2:21-cv-01403-DJC-EFB (PC) 9 Plaintiff, 10 v. ORDER 11 FRENCH, et al., 12 Defendants. 13 14 Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action 15 seeking relief under 42 U.S.C. § 1983. Plaintiff alleges that, on March 9, 2018, 16 Defendants, who are four Sacramento County Deputy Sheriffs, “stormed” his 17 residence, kicked in the bedroom door occupied by Plaintiff and his wife, and ordered 18 Plaintiff to the ground. (ECF No. 39.) Plaintiff alleges the Defendants proceeded to 19 assault him while he lay on the ground, causing Plaintiff serious injury. (Id.) 20 The matter was referred to a United States Magistrate Judge pursuant to 28 21 U.S.C. § 636(b)(1)(B) and Local Rule 302. On February 16, 2023, Defendants filed a 22 motion for summary judgment. (ECF No. 52.) On August 7, 2023, the Magistrate 23 Judge filed findings and recommendations herein which were served on all Parties 24 and notified them that…