Struve

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DAVID EVANS, No. 2: 19-cv-1376 JAM KJN P Plaintiff, v. ORDER D. STRUVE, et al., Defendants. 16 Plaintiff is a state prisoner, proceeding without counsel, with a civil rights action pursuant to 42 U.S.C. § 1983. In the August 2, 2019 order directing service of defendants, the undersigned found that plaintiff’s complaint stated the following potentially colorable claims for relief: 1) defendant Struve used excessive force against plaintiff on May 23, 2018; 2) defendants Gonzalez, Dingfelder, Richardson, Calderon, Valice, Sidebotham and McCarval witnessed the excessive force and failed to intervene; and 3) all defendants later falsely alleged, apparently in reports prepared after the excessive force incident, that plaintiff resisted defendant Struve. (ECF No. 6 at 1-2.)

In the complaint, plaintiff alleges, in relevant part, “Defendants D. Gonzales, L. Dingfelder, S. 26 Richardson, D. Calderon, Valice, Sidebotham…