Hill

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 8 GINA CARUSO, CASE NO. 1:20-CV-0084 AWI EPG (PC)

Plaintiff

ORDER ON DEFENDANT’S MOTION

v. TO DISMISS

MOLLY HILL et al., (Doc. No. 17) Defendants

14 15 This is a prisoner civil rights action brought by Plaintiff Gina Caruso (“Caruso”) against current and former personnel of the California Institution for Women (“CIW”) prison. Caruso is represented by counsel and alleges two causes of action under 42 U.S.C. § 1983, one for violation of the First Amendment and one for violation of the Fourteenth Amendment. Currently before the Court are Defendants’ Rule 12(b)(6) motion to dismiss. For the reasons that follow, the motion will be granted. 22 RULE 12(b)((6) FRAMEWORK Under Federal Rule of Civil Procedure 12(b)(6), a claim may be dismissed because of the plaintiff’s “failure to state a claim upon which relief can be granted.” Fed. R. Civ. P. 12(b)(6). A dismissal under Rule 12(b)(6) may be based on…