Chavez

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 JOEL CHAVEZ, Case No. 19-cv-00362-JSC

Plaintiff,

ORDER GRANTING MOTION TO

v. DISMISS

D. MILLIGAN, et al., Re: Dkt. No. 35 Defendants.

INTRODUCTION Plaintiff, a California prisoner, filed this pro se civil rights action under 42 U.S.C. § 1983.1 He claimed that Defendants D. Milligan, C. Mart, and B. Tubbs, three correctional officers at Pelican Bay State Prison (“PBSP”), used excessive force against him. The Court reviewed the Complaint pursuant to 28 U.S.C. § 1915A and found that it, when liberally construed, stated a claim upon which relief could be granted for the violation of Plaintiff’s Eighth Amendment right to be free from cruel and unusual punishment. The Court granted Defendants’ motion to dismiss on exhaustion grounds under Rule 12(b)(6) of the Federal Rules of Civil Procedure, and dismissed the Complaint with leave to amend the claims against Milligan and Mart. The claims against…