Whitall

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA 7 RAYMOND RICHARD WHITALL, Case No. 18-cv-01376-CRB

Plaintiff,

ORDER GRANTING IN PART AND

v. DENYING IN PART DEFENDANTS'

MOTION FOR SUMMARY

S.D. GUTIERREZ, et al., JUDGMENT Defendants.

13 Plaintiff Raymond Whitall, a prisoner at Salinas Valley State Prison (SVSP), brings 14 various federal and state claims against SVSP correctional officers Gutierrez, Gudino, 15 Aboytes, Vasquez, Ramirez, and Caballero (collectively, “Defendants”), arising out of an 16 incident where Defendants allegedly attacked him in prison. See Second Am. Compl. (dkt. 17 8) at 8–13. 18 The Court previously dismissed Whitall’s state law claims on the grounds that he 19 failed to comply with California’s Government Claims Act (“GCA”). Summ. J. Order. 20 (dkt. 50) at 2. However, the State of California later realized it made a mistake—in fact, 21 Whitall had complied with the GCA—so Whitall filed a motion to vacate the Court’s 22 previous order dismissing Whitall’s state law claims. See Mot. to Vacate (dkt. 104).…