Newsom

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 RISHARDO LAWRENCE, No. 2:22-CV-1975-WBS-DMC-P Plaintiff, v. FINDINGS AND RECOMMENDATIONS GAVIN NEWSOM, Defendant. 16 Plaintiff, a prisoner proceeding with retained counsel, brings this civil action. Pending before the Court is Defendant's unopposed motion to dismiss Plaintiff's first amended complaint. See ECF No. 39. 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 plaintiff's favor. See Jenkins v. McKeithen, 395 U.S. 411, 421 (1969).…