Chavez

INTRODUCTION

15 Plaintiff, a California prisoner, filed this pro se civil rights complaint under 42 U.S.C. § 16 1983. He alleges that Defendants, three correctional officers at Pelican Bay State Prison 17 (“PBSP”), repeatedly punched him in the face and head and banged his head on the ground while 18 escorting him from his cell to the yard, causing him severe injuries. He further alleges that he was 19 in handcuffs and complying with orders. 20 The Court reviewed the complaint pursuant to 28 U.S.C. § 1915A(a) and found that it, 21 when liberally construed, states a claim upon which relief could be granted for the violation of 22 Plaintiff’s Eighth Amendment right to be free from cruel and unusual punishment. Defendants 23 have filed a motion to dismiss under Rule 12(b)(6) of the Federal Rules of Civil Procedure. 24 Plaintiff filed an opposition, and Defendants filed a reply brief. Plaintiff also filed a motion for an 25 extension of time to file a sur-reply and a sur-reply, which Defendants have moved to strike.1 26 27 DISCUSSION Defendants move to dismiss on the grounds the Plaintiff did not exhaust his available administrative…