(PC) Merino v. CDC

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 FRANCISCO MERINO, No. 2:22-CV-1132-DMC-P Plaintiff, v. ORDER ARYA, et al., and Defendants. 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 is Defendants’ motion to dismiss, ECF No. 27. Defendants argue that Plaintiff’s allegations, even if taken as true, fail to state a claim under the Eighth Amendment. See ECF No. 27-1 at 1. Plaintiff has not filed an opposition. 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. Bldg. Co. v. Rex Hosp. Trustees, 425 U.S. 738, 740 (1976); Barnett v. Centoni, 31…