(PC) Powell v. Lynch

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ADAM RANDOLPH POWELL, No. 2:23-CV-0875-KJM-DMC-P Plaintiff, v. FINDINGS AND RECOMMENDATIONS MOIRARA, 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. See ECF No. 21. Defendants argue that Plaintiff’s allegations, even if taken as true, fail to state a claim under Federal Rule of Civil Procedure 12(b)(6). See id. Plaintiff has filed an opposition. See ECF No. 25. Defendants have filed a reply. See ECF No. 28. 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. 26 …