(PC) Kakowski v. County of Sacramento

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 BRIAN KAKOWSKI, No. 2: 19-cv-0656 KJN P Plaintiff, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

COUNTY OF SACRAMENTO, 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 Silva’s motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6) on the grounds that this action is barred by the statute of limitations. For the reasons stated herein, the undersigned recommends that defendant’s motion be denied. Legal Standard for Motion to Dismiss “A motion to dismiss under Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim upon which relief can be granted ‘tests the legal sufficiency of a claim.’” Conservation Force v. Salazar, 646 F.3d 1240, 1241–42 (9th Cir. 2011) (quoting Navarro v. Block, 250 F.3d 729, 732 (9th Cir. 2001). When determining whether…