Pressley

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 MICHAEL LAMAR PRESSLEY, Case No. 17cv1715-MMA (MDD)

Plaintiff,

ORDER GRANTING IN PART AND

vs. DENYING IN PART DEFENDANT

PACHECO’S MOTION TO DISMISS

M. PACHECO, [Doc. No. 20] Defendant. 17 Plaintiff Michael Lamar Pressley, proceeding pro se and in forma pauperis, has filed a First Amended Complaint pursuant to 42 U.S.C. § 1983 against Defendant Pacheco. See Doc. No. 14. Defendant Pacheco moves to dismiss Plaintiff’s claims pursuant to Federal Rules of Civil Procedure 4(m) and 12(b)(6). See Doc. No. 20. Plaintiff filed a response in opposition to the motion, to which Defendant Pacheco 23 24

26 1 In his amended complaint, Plaintiff also added a new defendant, Sheriff William Gore, and re-alleged the previously dismissed claims against Defendant Martinez. Plaintiff’s claims against Defendant Gore do not survive screening pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii) and § 1915A(b)(1), and the claims 28 1 …