Torres

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 AARON D. MCCOY, No. 1:19-cv-01023-NONE-JLT (PC)

Plaintiff,

ORDER ADOPTING FINDINGS AND

v.

RECOMMENDATIONS AND GRANTING

D. TORRES, et al., MOTION TO DISMISS

Defendants. (Doc. Nos. 28, 30)

16 Plaintiff Aaron D. McCoy is a state prisoner proceeding pro se and in forma pauperis in this civil rights action under 42 U.S.C. § 1983. This matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. This case proceeds on plaintiff’s claims of excessive force and deliberate indifference to serious medical needs in violation of his rights under the Eighth Amendment, as well as negligence and intentional infliction of emotional stress under state law, based on an incident that occurred on July 2, 2017. (Doc. Nos. 11, 17.) On July 14, 2020, defendants filed a motion to dismiss plaintiff’s state-law claims on the grounds that plaintiff failed to submit an administrative claim…