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, ORDER v. and RALPH DIAZ, et al., AMENDED FINDINGS AND

RECOMMENDATIONS

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 will order that the initial findings and recommendations, ECF No. 88, issued on August 26, 2024, be vacated and will recommend that Defendants' motion to dismiss be denied. 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…