Aguilera

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 ANGEL AGUILERA, Case No. 18-cv-03389-HSG

Plaintiff, ORDER GRANTING IN PART AND

DENYING IN PART MOTION TO

v. DISMISS; SETTING BRIEFING

SCHEDULE

T. MOLINA, et al., Re: Dkt. No. 44 Defendants.

12 Plaintiff has filed a pro se action under 42 U.S.C. § 1983. Now pending before the Court is defendants’ motion to dismiss the amended complaint. Dkt. No. 44. Plaintiff has filed an opposition, Dkt. No. 45, and defendants have filed a reply, Dkt. No. 47. For the reasons set forth below, the Court GRANTS IN PART AND DENIES IN PART defendants’ motion to dismiss. PROCEDURAL BACKGROUND In the original complaint, plaintiff alleged that, on May 24, 2017, PBSP officers Molina, Hendrix, Gonzalez and Vick used excessive force on him and PBSP Warden Ducart was deliberately indifferent to his serious medical needs. Dkt. No. 1, Dkt. No. 11. On September 3, 2019, the Court denied defendants’ motion to…