Clemmons

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JOSE DeJESUS RODRIGUEZ, No. 2:20-cv-173-JDP (PC) 12 Plaintiff, 13 v. ORDER 14 MICHELLE CLEMMONS, 15 Defendant. 16 17 Plaintiff, proceeding without counsel under section 1983, sued defendant Michelle 18 Clemmons (“defendant”), a welfare case worker, for an alleged violation of his due process 19 rights. Defendant has now filed a motion to dismiss.1 ECF No. 18. Plaintiff has filed two 20 oppositions, ECF Nos. 23 & 27, and defendant has filed a reply, ECF No. 25. I will grant 21 defendant’s motion in part. 22 Legal Standards 23 A complaint may be dismissed for “failure to state a claim upon which relief may be 24 granted.” Fed. R. Civ. P. 12(b)(6). To survive a motion to dismiss for failure to state a claim, a 25 plaintiff must allege “enough facts to state a claim to relief that is plausible on its face.” Bell 26 Atlantic Corp. v. Twombly, 550 U.S. 544, 570 (2007). A claim has “facial plausibility when the 27 28 1The…