Aryad

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 GREGORY EUGENE HOWARD, No. 2:19-cv-02062-KJM-CKD P Plaintiff, v. ORDER AND ARYAD, et al., FINDINGS AND RECOMMENDATIONS Defendants. 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. This case is proceeding on plaintiff’s second amended complaint raising excessive force claims against defendants Williamson, Moltzen, Bookout, and Wuest and failure to protect claims against defendants Williamson, Bookout, and Wuest, all in violation of the Eighth Amendment. ECF No. 18 (screening order). The events giving rise to this action occurred at California State Prison-Sacramento on November 1, 2013. ECF No. 17 (second amended complaint). Currently pending before the court is defendants’ motion to dismiss pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure because plaintiff’s claims are barred by the statute of…