CDCR

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MYCHAEL TYRONE SHANNON, No. 2:17-CV-1084-DAD-DMC-P Plaintiff, v. FINDINGS AND RECOMMENDATIONS RALPH DIAZ, et al., Defendants. 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. 86. Plaintiff has not filed an opposition. For the reasons discussed below, the undersigned finds that Defendants' motion to dismiss should be granted and that this action should be dismissed with prejudice as moot. In considering a motion to dismiss, the Court must accept all allegations of material fact in the complaint as true. See Erickson v. Pardusthis, 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);…