Lipsey
Fancy Moore Lipsey v. Officer Greg Rodriguez and Michael Pallares
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 FANCY MOORE LIPSEY, Case No. 1:23-cv-00976-JLT-HBK (PC) Plaintiff, FINDINGS AND RECOMMENDATIONS TO
GRANT IN PART AND DENY IN PART
v. DEFENDANT PALLARES’ MOTION TO
DISMISS1
OFFICER GREG RODRIGUEZ and MICHAEL PALLARES, (Doc. No. 31) 15 Defendants. FOURTEEN DAY DEADLINE 16 17 This matter was reassigned to the undersigned on July 3, 2025. (Doc. No. 47). Plaintiff Fancy Moore Lipsey is a state prisoner proceeding through counsel on her Second Amended Complaint alleging violations of civil and constitutional Rights under 42 U.S.C. § 1983. (Doc. No. 29, “SAC”). Defendant Michael Pallares filed a motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6). (Doc. No. 31). Plaintiff filed an opposition (Doc. No. 35), and Defendant filed a reply (Doc. No. 36). For the reasons set forth below, the undersigned recommends the district court grant in part and deny in part the motion to dismiss. Specifically, 25 …