Ali

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 RODNEY ALEXANDER LANE, JR, No. 2: 18-cv-1564 KJM KJN P Plaintiff, v. FINDINGS AND RECOMMENDATIONS F.ALI, et al., Defendants. 16 Introduction Plaintiff is a state prisoner, proceeding without counsel, with a civil rights action pursuant to 42 U.S.C. § 1983. Pending before the court is defendant’s motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6). (ECF No. 23.) For the reasons stated herein, the undersigned recommends that defendant’s motion to dismiss be granted in part and denied in part. For the reasons stated herein, the undersigned recommends dismissal of this action on grounds not raised by defendant. Legal Standard for 12(b)(6) Motion A complaint may be dismissed for “failure to state a claim upon which relief may be granted.” Fed. R. Civ. P. 12(b)(6). To survive a motion to dismiss for failure to state a claim, a plaintiff must allege “enough facts to state a claim for relief that is…