Xavier

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 13 GARY RAYMOND XAVIER, Case No. 19-cv-05587-JSW

Plaintiff,

ORDER GRANTING MOTION FOR

v. PARTIAL SUMMARY JUDGMENT

C. TANORI, E.W. BEAM. J. RAMIREZ, Re: Dkt. No. 54 and R. FERRARI., 18 Defendants.

20 Plaintiff Gary R. Xavier (“Plaintiff”) is a California state prisoner formerly housed at the 21 Salinas Valley State Prison where the incident giving rise to his claims took place. Plaintiff, 22 originally proceeding pro se, filed a complaint alleging civil rights violations under 42 U.S.C. 23 Section 1983 against four officials for an incident on August 30, 2017 (“the Incident”) during 24 which Plaintiff was sprayed with Oleoresin Capsium (“OC”) pepper spray. Plaintiff had alleged 25 claims for relief under Section 1983 against Defendants Correctional Officer C. Tanori, 26 Correctional Sergeant E.W. Beam, and Correctional Officer J. Ramirez for violating his Eighth 27 Amendment rights by using excessive force and failing to intervene in that use of force, as well a …