Botkin

Introduction 17 Plaintiff is a state prisoner, proceeding without counsel, with a civil rights action pursuant 18 to 42 U.S.C. § 1983. Pending before the court is defendants’ motion to dismiss for failure to state 19 a claim pursuant to Federal Rule of Civil Procedure 12(b)(6). (ECF No. 26.) 20 For the reasons stated herein, the undersigned recommends that defendants’ motion be 21 granted. 22 Legal Standard for 12(b)(6) Motion 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 for 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 plaintiff pleads factual content that allows the court to draw the reasonable inference that the 28 defendant is liable for the misconduct alleged.” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (citing Twombly, 550 U.S. at 556). The plausibility standard is not akin to a “probability requirement,” but it requires more than a sheer possibility that a…