Greenwood

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 KENNETH WAYNE GRAY, III, No. 2:24-cv-1401 DC AC PS 11 Plaintiff, 12 v. FINDINGS AND RECOMMENDATIONS 13 HUNTER GREENWOOD, et al., 14 Defendants. 15 16 Plaintiff is proceeding in this matter pro se and pre-trial proceedings are accordingly 17 referred to the undersigned pursuant to Local Rule 302(c)(21). Defendants filed a motion to 18 dismiss this case on May 20, 2025. ECF No. 15. Following an extension of time, plaintiff moved 19 for leave to amend in response to the motion to dismiss. ECF No. 23. The court granted plaintiff 20 leave to amend and denied the motion to dismiss as moot. ECF No. 25. Plaintiff filed his First 21 Amended Complaint (“FAC”) on August 4, 2025. ECF No. 27. Defendants filed a motion to 22 dismiss on August 19, 2025. ECF No. 30. Plaintiff opposed the motion (ECF No. 32), 23 defendants replied (ECF No. 33), and plaintiff filed an unauthorized surreply (ECF No. 34). For 24 the reasons set forth below the undersigned recommends defendants’…