Puckett

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 PETER T. HARRELL, No. 2:23-CV-1448-KJM-DMC Plaintiff, v. FINDINGS AND RECOMMENDATIONS ROBERT PUCKETT, SR., et al., Defendants. 16 Plaintiff, who is proceeding pro se, brings this civil action. Pending before the Court is Defendants' motion to dismiss Plaintiff's first amended complaint. See ECF No. 14. Plaintiff has filed an opposition. See ECF No. 22. Defendants have not filed a reply. 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 F.3d 813, 816 (9th Cir. 1994) (per curiam). All ambiguities or doubts must also be resolved in the…