Giles

I. INTRODUCTION

19 Plaintiff Michael D. Giles, proceeding pro se, initiated this action against San Joaquin 20 Valley Rehabilitation Hospital and its parent company Vibra Healthcare, LLC, (collectively, 21 “Defendants”) by filing a complaint on May 6, 2021. (Doc. 1). Following this Court’s ruling 22 granting Defendants’ motion to dismiss for failure to state a claim (Doc. 36), Plaintiff filed a first 23 amended complaint (the “FAC”) (Doc. 37). That same day, Plaintiff filed a motion for summary 24 judgment (Doc. 38) and a motion to appoint counsel (Doc. 40). Based on the undersigned’s 25 recommendations (Doc. 43), the Court denied Plaintiff’s motion for summary judgment on 26 October 16, 2023. (Doc. 45). 27 1 Plaintiff also named Mary Jo Jacobson, Connie Pierce, and Kelly Rudolph and Defendants in his original complaint. (See Doc. 1). They have since been dismissed from the case. (Doc. 36). Defendants filed the instant motion to dismiss (Doc. 49) on April 22, 2024. Plaintiff filed responses (Docs. 52, 54),2 and Defendants replied. (Doc. 58). The motion was referred to the undersigned for the preparation of findings and recommendations. …