Luckert
Luckert v. Gutierrez
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 5 MICHAEL L LUCKERT, Case No. 19-cv-08204-PJH
Plaintiff,
ORDER RE PENDING MOTIONS
v. 8 Re: Dkt. Nos. 144, 154, 155, 159, 161 GUTIERREZ, Defendant.
11 Plaintiff, a detainee, proceeds with a pro se civil rights complaint under 42 U.S.C. § 1983. Before the court are plaintiff’s motions to recall Brian Mendoza as a defendant in this case for the forthcoming trial. Defendant filed a response and plaintiff filed a reply. Background On September 3, 2020, the court ordered service of plaintiff’s amended complaint (Dkt. No. 20) on several claims of excessive force against multiple defendants regarding plaintiff’s arrest at the public library and placement in a cell at the county jail. Dkt. No. 21. Many claims and defendants were later dismissed but what is relevant to the instant motions were the allegations that defendant Gutierrez injured plaintiff’s wrist at the library and Gutierrez and defendant Mendoza injured plaintiff while placing him in a cell at the …