Covello

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JUAN CARLOS CALDERON, No. 2:23-cv-2049 WBS CSK P Plaintiff, v. FINDINGS AND RECOMMENDATIONS J. CAMPOS, Defendant. 16 I. INTRODUCTION Plaintiff is a state prisoner, proceeding without counsel, with a civil rights action pursuant to 42 U.S.C. § 1983. Pending before the Court is defendant Campos’s motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6). (ECF No. 57.) Also pending is plaintiff’s motion for “documentational legal matters of new facts, evidence and events.” (ECF No. 64.) For the following reasons, this Court recommends that both pending motions be denied. II. MOTION TO DISMISS A. Legal Standard for Motion to Dismiss Rule 12(b)(6) of the Federal Rules of Civil Procedures provides for motions to dismiss for “failure to state a claim upon which relief can be granted.” Fed. R. Civ. P. 12(b)(6). In considering a motion to dismiss pursuant to Rule 12(b)(6), the court must accept…