Pimentel

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DARRELL HARRIS, Case No. 1:13-cv-01354-DAD-JDP Plaintiff, ORDER DENYING DEFENDANT’S

MOTION TO DISMISS OR STRIKE

v.

PLAINTIFF’S SECOND AMENDED

S. ESCAMILLA, COMPLAINT Defendant. ECF No. 192

16 Plaintiff Darrell Harris is a state prisoner proceeding with counsel in this civil rights action brought under 42 U.S.C. § 1983. On May 25, 2018, the U.S. Court of Appeals for the Ninth Circuit held that this court erred in granting summary for defendant Escamilla on Harris’s First Amendment and Equal Protection claims, and remanded for Harris to amend his Bane Act claim. See ECF No. 167; Harris v. Escamilla, 736 F. App’x 618 (9th Cir. 2018). On June 19, 2018, I gave Harris leave to amend. ECF No. 171. Between the remand and the amendment, Harris—once pro se—obtained counsel. ECF No. 187. Harris filed his second amended complaint on September 7, 2018. ECF No. 191. The amendments were substantial, but did not 25…