Diaz

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 FRANK C. GREEN, No. 2:21-CV-1582-KJM-DMC-P Plaintiff, v. FINDINGS AND RECOMMENDATIONS S. SPAIN, Defendant. 16 Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to 42 U.S.C. § 1983. Pending before the Court is Defendant’s motion for judgment on the pleadings based on Plaintiff’s recent death. See ECF No. 39. Motions for judgment on the pleadings under Rule 12(c) are similar to motions under Rule 12(b) in that judgment on the pleadings is appropriate if “. . .it is clear that no relief could be granted under any set of facts that could be proven consistent with the allegations.” McGlinchy v. Shell Chemical Co., 845 F.2d 802, 810 (9th Cir. 1988). Rather than testing whether the factual allegations state a claim, motions under Rule 12(c) test whether, even if all the facts alleged in the complaint can be proved, defendants are nonetheless entitled to judgment as a matter…