McDaniel

Case 1:20-cv-00856-NONE-SAB Document 57 Filed 01/15/21 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. 40) Defendants.

OBJECTIONS DUE WITHIN FOURTEEN

DAYS

I.

INTRODUCTION

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

20 U.S.C. § 1983, bringing both federal and California state causes of action. (ECF No. 1.)

21 Currently before the Court is a motion to dismiss filed by Defendants Rhona Delacruz, Joseph

22 Guerrero, Tania Brown, Brandy Smith, Elijah Pruitt, and Nichelle Harrington, which was

23 referred to a United States Magistrate Judge pursuant to…