Riley

I. BACKGROUND

26 Plaintiff initiated this action by filing a complaint on December 31, 2018, naming as 27 Defendants RJD Correctional Officers Vizcarra, Alvarez, and Luna. ECF No. 1. 28 Defendants’ motion to dismiss the original Complaint was denied as moot after Plaintiff filed his First Amended Complaint on July 1, 2019. ECF Nos. 13, 17, 18. Defendants’ motion to dismiss the First Amended Complaint was granted on December 3, 2019. ECF No. 23. The Court dismissed certain claims and notified Plaintiff of the defects of pleading as to the dismissed claims, granting leave to amend. Id. at 16. Plaintiff filed his Second Amended Complaint, the operative pleading in this action, on January 13, 2020. ECF No. 24. Defendants moved to dismiss all claims from the Second Amended Complaint except the First and Eighth Amendment claims against Defendant Vizcarra arising from a March 18, 2018 incident.1 ECF No. 28. Plaintiff opposed the motion. ECF No. 32. The Court dismissed all claims in Plaintiff’s Second Amended Complaint, except the First and Eighth Amendment claims against Defendant Vizcarra arising from the March 18, 2018…