Simpson

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ARTHUR FERNANDO SAMARO, No. 2:19-cv-01691-CKD (PC) Plaintiff, v. ORDER SIMPSON, Defendant. 16 Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil rights action filed pursuant to 42 U.S.C. § 1983. All parties have consented to the jurisdiction of a United States Magistrate Judge for all further proceedings in this matter. See ECF No. 29; see also 28 U.S.C. 636(c)(1). The events giving rise to this action occurred during plaintiff’s arrest on December 27, 2018. ECF No. 1. On that date, defendant Simpson was employed as a California Highway Patrol (“CHP”) officer. This case is proceeding on a single claim that defendant Simpson used excessive force against plaintiff during the course of his arrest. ECF No. 9 at 2-3. Currently pending before the court is defendant’s motion to dismiss plaintiff’s complaint for failing to state a claim upon which relief can be granted. ECF No. 28. …