Cornejo

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 EFRAIN CORNEJO, Case No. 23-cv-05383-JSW

Plaintiff, GRANTING MOTION TO DISMISS;

SCHEDULING SUMMARY

v. JUDGMENT BRIEFING

SERGEANT V. MINGLANA, et al., Re: Dkt. No. 20 Defendants.

INTRODUCTION Plaintiff Ernest Cornejo, a California prisoner proceeding pro se, filed this civil rights case under 42 U.S.C. § 1983 against officials at the Salinas Valley State Prison (“SVSP”), where Plaintiff was formerly housed. Defendants filed a motion to dismiss Plaintiff’s Fourteenth Amendment claims under Rule 12(b)(6) of the Federal Rules of Civil Procedure for failure to state a claim upon which relief may be granted. Plaintiff filed an opposition, and Defendants filed a reply. For the reasons discussed below, the motion to dismiss is GRANTED, and all claims except for the claim that Defendant used excessive force in violation of the Eighth Amendment are DISMISSED with prejudice. A briefing schedule for…