Paviglianti

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ANTONIO LAMONT CAIN, Case No. 2:20-cv-01768-JDP (PC) Plaintiff, v. ORDER B. PAVIGLIANTI, Defendant. 16 Plaintiff is a former federal prisoner1 proceeding pro se and in forma pauperis in this civil rights action brought pursuant to Bivens v. Six Unknown Named Agents, 403 U.S. 388 (1971). Plaintiff seeks damages against defendant B. Paviglianti, a correctional officer at the Federal Correctional Institution in Herlong, California, for using excessive force against him in violation of the Eighth Amendment. Defendant moves to dismiss on the ground that Egbert v. Boule, 142 S. Ct. 1793 (2022), precludes relief. ECF No. 59. In response, plaintiff has filed a document titled “Motion to Dismiss,” which I construe as an opposition to defendant’s motion. ECF No. 61. I will grant defendant’s motion.2 25

1 Plaintiff called the court on May 9, 2023, and indicated that he is no longer incarcerated. 2 The parties have consented…