Charlene Stith v. Greg Rodriguez, Michael Pallares

1 + 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 CHARLENE STITH, Case No. 1:23-cv-00947-JLT-HBK (PC) 12 Plaintiff, FINDINGS AND RECOMMENDATIONS TO GRANT IN PART AND DENY IN PART 13 v. DEFENDANTS’ MOTION TO DISMISS BUT GRANT PLAINTIFF LEAVE TO AMEND1 14 GREG RODRIGUEZ, MICHAEL PALLARES, FOURTEEN DAY DEADLINE 15 Defendants. 16 17 Plaintiff Charlene Stith is a state prisoner proceeding through counsel on her First 18 Amended Complaint for Violation of Civil and Constitutional Rights under 42 U.S.C. § 1983. 19 (Doc. No. 15, “FAC”). Defendants filed a motion to dismiss pursuant to Federal Rule of Civil 20 Procedure 12(b)(1) and (6). (Doc. No. 27). Plaintiff filed an opposition (Doc. No. 42), and 21 Defendants filed a reply (Doc. No. 43). For the reasons set forth below, the undersigned 22 recommends the district court grant the motion to dismiss as to Defendant Pallares; find the 23 motion moot as to Defendant California Department of Corrections (“CDCR”); and allow 24 Plaintiff leave to amend her Eighth Amendment claim against Pallares. 25 /// 26 /// 27 1This matter was referred to the undersigned pursuant to 28 U.S.C. § 636(b)(1)(B) and…