Garner

INTRODUCTION

Plaintiff Randall James Garner alleges that M. Avila, a correctional officer at Salinas Valley State Prison, used excessive force against him. His 42 U.S.C. § 1983 complaint containing these allegations is now before the Court for review pursuant to 28 U.S.C. § 1915A(a). Garner has stated a cognizable Eighth Amendment excessive force claim against Avila. All other claims and defendants are DISMISSED. The Court directs defendant Avila to file in response to the complaint a dispositive motion, or a notice regarding such motion, on or before January 27, 2025.

DISCUSSION

A. Standard of Review A federal court must conduct a preliminary screening in any case in which a prisoner seeks redress from a governmental entity or officer or employee of a governmental entity. See 28 U.S.C. § 1915A(a). In its review, the court must identify any cognizable claims and dismiss any claims that are frivolous, malicious, fail to state a claim upon which relief may be granted or seek monetary relief from a defendant who is immune from such relief. See id. § 1915A(b)(1), (2). Pro se pleadings must be liberally construed. See Balistreri v. Pacifica Police Dep’t, 901 F.2d 696, 699…