Pierce

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MONRELL D. MURPHY, No. 2:21-cv-1789 TLN KJN P Plaintiff, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

C. PIERCE, et al., Defendants. 16 Plaintiff Monrell D. Murphy is a state prisoner, proceeding pro se and in forma pauperis, in a civil rights action pursuant to 42 U.S.C. § 1983 against defendants C. Pierce, J. Lopez, and J. Lebeck. Defendants Pierce and Lebeck filed a motion to dismiss and request for judicial notice. (ECF Nos. 21, 23-26.) As set forth below, defendants’ motion to dismiss should be denied, ECF No. 21, and defendants’ request for judicial notice is denied, ECF No. 21-2. I. Plaintiff’s Complaint Plaintiff alleges that defendants Pierce, Lebeck, and Lopez violated his constitutional rights. Specifically, he raises the following claims: (1) Eighth Amendment excessive force claim

1 Service of process against defendant Lopez was returned unexecuted. (ECF Nos. 14 & 15.) 26 Additionally, although the…