McDaniel

Case 1:20-cv-00856-NONE-SAB Document 43 Filed 12/18/20 Page 1 of

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

DAVID MCDANIEL, Case No. 1:20-cv-00856-NONE-SAB

Plaintiff, FINDINGS AND RECOMMENDATIONS

RECOMMENDING GRANTING IN PART

v. AND DENYING IN PART DEFENDANTS’

MOTION TO DISMISS

RALPH DIAZ, et al., (ECF No. 34) Defendants.

OBJECTIONS DUE WITHIN FOURTEEN

DAYS

I.

INTRODUCTION

David McDaniel (“Plaintiff” or “McDaniel”) filed this civil rights action pursuant to

21 U.S.C. § 1983. (ECF No. 1.) Currently before the Court is a motion to dismiss filed by

22 Defendants Jeff Dirkse, Henry Mendez, and Jose Sousa, which was referred to a United States

23 Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. (ECF No. 30.) The

24 Court held a hearing on the motion on December 9, 2020. Having…