Jones

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 9 MARK ANTHONY JONES, Case No.: 3:21-cv-1286-BTM-MSB

CDCR #P-73659,

ORDER:

Plaintiff, 12 vs. 1) DISMISSING DEFENDANT

PEREZ;

14 EMILLO TORRES, Correctional Officer; 2) DISMISSING FOURTEENTH 15 Defendants. AMENDMENT DUE PROCESS CLAIM FOR FAILING TO STATE A

CLAIM; AND

3) DIRECTING SERVICE OF FIRST

AMENDED COMPLAINT ON

DEFENDANT TORRES

I. Procedural History

23 On July 15, 2021, Plaintiff Mark Anthony Jones, an inmate at Salinas Valley State 24 Prison (“SVSP”) located in Soledad, California, and proceeding pro se, filed a new civil 25 rights action pursuant to 42 U.S.C. § 1983. See Compl., ECF No. 1. Plaintiff claimed 26 Correctional Officer Emillo Torres used excessive force against him on May 22, 2020, and 27 Correctional Officer C. Perez failed to protect him from this attack when he was previously 28 housed at the Richard J. Donovan Correctional Facility (“RJD”). (See id. at 3.) In addition, 2 …