Peoples

1 2 3 UNITED STATES DISTRICT COURT 4 NORTHERN DISTRICT OF CALIFORNIA 5 6 TIMOTHY PEOPLES, Case No. 19-cv-05468-RMI

7 Plaintiff,

ORDER RE: DEFENDANTS’ MOTION

8 v. FOR JUDGMENT ON THE

PLEADINGS

9 RAUL MACHUCA, et al., Re: Dkt. No. 158 Defendants. 10

11 12 Plaintiff, a state prisoner, filed a pro se civil rights complaint under 42 U.S.C. § 1983. He 13 argued that Defendants used excessive force, were deliberately indifferent to his serious medical 14 needs, and retaliated against him. Now pending before the court is Defendants’ Motion for 15 Judgment on the Pleadings (dkt. 158), which seeks to dismiss the complaint because the action is 16 barred by the statute of limitations. Plaintiff filed an opposition (dkt. 163) and Defendants filed a 17 reply (dkt. 164). For the reasons stated below, Defendants’ motion is GRANTED. 18 BACKGROUND 19 On March 14, 2012, Plaintiff filed a case against the same Defendants with the same 20 claims. See Peoples v. Mack, Case No. 3:12-cv-1281-CRB (“Peoples I”). On February 2,…