Pallares

UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 RAYSHAWN HART, Case No. 1:23-cv-00977-JLT-HBK 12 Plaintiff, FINDINGS AND RECOMMENDATIONS TO GRANT DEFENDANT’S MOTION TO 13 v. DISMISS BUT GRANT PLAINTIFF LEAVE TO AMEND1 14 WARDEN PALLARES, (Doc. No. 40) 15 Defendant. FOURTEEN DAY DEADLINE 16 17 18 Plaintiff Rayshawn Hart is a state prisoner proceeding through counsel on her First 19 Amended Complaint for Violation of Civil and Constitutional Rights under 42 U.S.C. § 1983. 20 (Doc. No. 10, “FAC”). Defendant Michael Pallares filed a motion to dismiss pursuant to Federal 21 Rule of Civil Procedure 12(b)(6) om September 16, 2025. (Doc. No. 40, “Motion”). Plaintiff did 22 not file any opposition and the time to do so has expired. Local Rule 230(c). The undersigned 23 recommends that the district court grant Defendant’s Motion. 24 I. BACKGROUND 25 A. Case Initiation and the FAC 26 On June 23, 2023, Plaintiff and five other inmates initiated an action by filing a complaint 27 1This matter was referred to the undersigned pursuant to 28 U.S.C. § 636(b)(1)(B) and Eastern District of 28 California Local Rule 302 (E.D. Cal.). 1 against multiple…