Munoz

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 GRADY HARRIS, No. 2:16-cv-00830-TLN-DB Plaintiff, v. ORDER JEFF MACOMBER, et al., Defendants. 16 Plaintiff Grady Harris (“Plaintiff”), a state prisoner proceeding pro se and in forma pauperis, has filed this civil rights action seeking relief under 42 U.S.C. § 1983. Plaintiff alleges that Defendant Correctional Officers Rose, Munoz, Fong, Williamson, Calderon, Thompson, Cervantes, Fuller, and Leavitt (collectively, “Defendants”) retaliated against him for exercising his First Amendment right to file grievances and pursue civil rights litigation, used excessive force against him, then filed a false disciplinary report regarding the use of force incident. (ECF No. 10.) Presently before the Court is Defendant Leavitt’s (“Leavitt”) Motion to Dismiss Plaintiff’s First Amended Complaint. (ECF No. 34.) / / /

Leavitt is represented by different counsel than the remaining Defendants. The other Defendants answered…