Dube

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DAVID D. HARRIS, No. 2:23-CV-1664-DMC-P Plaintiff, v. ORDER J. DUBE, and Defendant. FINDINGS AND RECOMMENDATIONS 16 Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to 42 U.S.C. § 1983. Pending before the Court are Defendant’s motion to dismiss. See ECF No. 18. Plaintiff has filed an opposition. See ECF No. 19. Defendant filed a reply. See ECF No. 20. Plaintiff also filed a sur-reply without leave of court. See ECF No. 24. Defendant has filed a motion to strike Plaintiff’s unauthorized sur-reply. See ECF No. 25. In considering a motion to dismiss, the Court must accept all allegations of material fact in the complaint as true. See Erickson v. Pardus, 551 U.S. 89, 93-94 (2007). The Court must also construe the alleged facts in the light most favorable to the plaintiff. See Scheuer v. Rhodes, 416 U.S. 232, 236 (1974); see also Hosp.…