Huerta

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

LARRY WILLIAM CORTINAS, 1:17-cv-00130-AWI-GSA-PC

Plaintiff, ORDER DENYING PLAINTIFF’S

MOTION FOR LEAVE TO AMEND THE

vs. COMPLAINT TO REINSTATE

DEFENDANT HUERTA

M. HUERTA, et al., (ECF No. 69.)

Defendants.

19 I. BACKGROUND Larry William Cortinas (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis with this civil rights action pursuant to 42 U.S.C. § 1983. This case now proceeds with the original Complaint, filed on January 30, 2017, against Correctional Officer J. Scalia for use of excessive force in violation of the Eighth Amendment. (ECF No. 1.) This case is scheduled

26 1 On September 13, 2017, the court issued an order for this case to proceed only against defendants Scalia and Huerta for use of excessive force, against defendant Scalia for retaliation, and dismissing all other claims and defendants from this action based on Plaintiff’s failure to state a claim. (ECF…