Burciaga

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 RAUL CERVANTES, No. 2:20-cv-0232 AC P Plaintiff, v. ORDER AND FINDINGS &

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S. BURCIAGA, Defendant. 16 Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 42 U.S.C. § 1983. Currently before the court is defendant’s motion to dismiss plaintiff’s second amended complaint. ECF No. 59. I. Plaintiff’s Allegations Plaintiff alleges that defendant used excessive force against him in violation of the Eighth Amendment. ECF No. 34 at 3. Specifically, he alleges that on April 28, 2015, without provocation, defendant hit him on the head with a metal baton, causing great bodily injury. Id. As a result, plaintiff now suffers from epilepsy. Id. II. Motion to Dismiss Defendant moves to dismiss plaintiff’s § 1983 action for failure to exhaust administrative remedies. ECF No. 59-1 at 10-16. He argues that plaintiff must fully exhaust his administrative 28 …