Seitz

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 CHRISTOPHER LIPSEY, JR., Case No. 1:18-cv-00766-AWI-SKO (PC)

Plaintiff, FINDINGS AND RECOMMENDATIONS

TO GRANT IN PART AND DENY IN PART

v. DEFENDANTS’ MOTION TO DISMISS

AND TO REVOKE PLAINTIFF’S IN

B. SEITZ, et al., FORMA PAUPERIS STATUS

Defendants. (Doc. 39)

21-DAY DEADLINE

17 On May 1, 2020, Defendants filed a motion to dismiss and to revoke Plaintiff’s in forma pauperis (IFP) status. (Docs. 39-40.) Plaintiff filed an opposition, to which Defendants filed a reply.1 (Docs. 41, 42.) For the reasons set forth below, the Court recommends that Defendants’ motion be granted in part and denied in part. I. MOTION TO DISMISS Plaintiff’s sole operative claim against Defendant Diaz is an official-capacity claim under the Bane Civil Rights Act, California Civil Code § 52.1. (Docs. 27, 31.) Defendant contends the claim is barred by the Eleventh Amendment. (Doc. 39 at…