Reyes

INTRODUCTION

13 Plaintiff, a California prisoner proceeding pro se, filed this civil rights case under 42 14 U.S.C. § 1983 against 15 officers of the San Jose Police Department (“SJPD”) for using excessive 15 force during his arrest. (ECF No. 1.) The case was assigned to a United States Magistrate Judge. 16 Following initial review under 28 U.S.C. § 1915A, the case was dismissed with leave to file an 17 amended complaint. (ECF No. 9.) The case was then reassigned to the undersigned District 18 Judge. Plaintiff subsequently filed an amended complaint. (ECF No. 19.) 19 The Court has reconsidered the order of dismissal with leave to amend, and for the reasons 20 discussed below, it is VACATED. The amended complaint, which was filed in response to that 21 order, is accordingly VACATED. The operative complaint is the original complaint. (ECF No. 22 23 1 The reassignment was pursuant to Williams v. King, 875 F.3d 500, 501, 504 (9th Cir. 2017) 24 (magistrate judge lacked jurisdiction to dismiss where unserved defendants had not consented to proceed before magistrate judge). Per the order of dismissal with leave to amend, the amended 25 complaint was due on September 13,…