Victoria Green v. Greg Rodriguez, Michael Pallares

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 VICTORIA GREEN, Case No. 1:23-cv-00973-JLT-HBK (PC) Plaintiff, FINDINGS AND RECOMMENDATIONS TO

GRANT IN PART AND DENY IN PART

v. DEFENDANTS’ MOTION TO DISMISS BUT

GRANT PLAINTIFF LEAVE TO AMEND1

GREG RODRIGUEZ, MICHAEL

PALLARES, FOURTEEN DAY DEADLINE

15 Defendants. 16 Plaintiff Victoria Green is a state prisoner proceeding through counsel on her First Amended Complaint for Violation of Civil and Constitutional Rights under 42 U.S.C. § 1983. (Doc. No. 9, “FAC”). Defendants California Department of Corrections and Rehabilitation (CDCR), M. Pallares, and Dotson filed a motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(1) and (6). (Doc. No. 24). Plaintiff filed an opposition (Doc. No. 38), and Defendants filed a reply (Doc. No. 39). For the reasons set forth below, the undersigned recommends the district court grant the motion to dismiss as to Defendant Pallares; find the motion moot as to…