Taber

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JESSE LEE SHAVERS, JR., Case No. 2:21-cv-1734-DAD-JDP (P) Plaintiff, v. FINDINGS AND RECOMMENDATIONS TABER, et al., Defendant. 16 17 Plaintiff, a state prisoner proceeding pro se, alleges that, while incarcerated at High Desert State Prison, Taber, a physician, violated his Eighth Amendment rights by confiscating his cane and mobility vest. ECF No. 30 at 3. Defendant has moved to dismiss, ECF No. 38; plaintiff has filed an opposition, ECF No. 43; and defendant has filed a reply, ECF No. 44. I recommend that defendant’s motion to dismiss be denied. Motion to Dismiss I. Legal Standards A complaint may be dismissed under that rule for “failure to state a claim upon which relief may be granted.” Fed. R. Civ. P. 12(b)(6). To survive a motion to dismiss for failure to state a claim, a plaintiff must allege “enough facts to state a claim to relief that is plausible on its face.” Bell…