Swarthout

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 Kenneth Hill, No. 2:15-cv-2012 KJM AC P Plaintiff, ORDER v. Gary Swarthout, et al., 1S Defendants. 16 Plaintiff, a state prisoner proceeding pro se, filed this civil rights action seeking relief under 42 U.S.C. § 1983. In the complaint, plaintiff alleges that defendants Swarthout, Cappel, and Sandy violated his rights under the Eighth and Fourteenth Amendments. See Compl. at 1-2, ECF No. 1. On September 30, 2015, plaintiff consented to magistrate judge jurisdiction. ECF No.4. Defendants did not consent to proceed before the magistrate judge. See generally F&Rs, ECF No. 61. On January 31, 2017, the magistrate judge issued an order dismissing some of 23 plaintiffs due process claims without leave to amend. MJ Order (Jan. 31, 2017), ECF No. 9. On September 30, 2020, this court entered judgment in this case. ECF No. 55. The Ninth Circuit 25 vacated the September 30, 2020…