Melvin J Harris v. M. Barroso

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA 8

MELVIN J. HARRIS, JR., ) NO. CV 19-0800-FMO (AGR)

) Plaintiff, ) ) ORDER OF DISMISSAL v. ) )

M. BARROSO, et al., )

) Defendants. ) ) ) ) ) I. Procedural History On February 1, 2019, Plaintiff, proceeding pro se and in forma pauperis, filed a complaint under 42 U.S.C. § 1983. (Dkt. No. 1.) Defendants are California State Prison Correctional Sargent M. Barroso, Lieutenant H. Clavijo, and Captain R. Quintero, in their individual and official capacities. The complaint was based on a prison riot incident involving Plaintiff that occurred on October 23, 2018, at the Salinas Valley State Prison. On November 12, 2019, Defendants filed a motion to dismiss the complaint on the grounds that Plaintiff failed to state a cognizable claim under the Eighth 25 …