Byer

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 LAFONZO R. TURNER, No. 2:17-cv-1869-EFB P Plaintiff, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

S. BYER, Defendant. 16 Plaintiff is a state prisoner proceeding with counsel in an action brought under 42 U.S.C. § 1983. Defendant Byers’1 has filed a motion to dismiss pursuant to Fed. R. Civ. P. 12(b)(6). ECF No. 38. Plaintiff, through his appointed counsel, has filed an opposition (ECF No. 53) and a motion to strike (ECF No. 52). Defendant has filed a reply and opposition to the motion to strike. ECF No. 54. For the reasons stated hereafter, the motion to dismiss should be granted in part. Legal Standards A complaint may be dismissed under that rule 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 to relief that is plausible on its…