Moffett

(PC) Bland v. Moffett

Good Law
United States District Court, Eastern District of CaliforniaFebruary 16, 20211:19-cv-01750California1,773 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 JOSHUA BLAND, Case No. 1:19-cv-01750-NONE-SKO (PC)

Plaintiff, FINDINGS AND RECOMMENDATIONS

TO GRANT DEFENDANTS’ MOTION TO

v. PARTIALLY DISMISS COMPLAINT

D. MOFFETT, et al., (Doc. 20)

Defendants. 21-DAY DEADLINE

16 Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil rights action brought pursuant to 42 U.S.C. § 1983. This action proceeds on Plaintiff’s Eighth Amendment failure-to-protect claims against Defendants Jaime and Stark and on a single First Amendment retaliation claim against Defendant Moffett. (Doc. 14; see also Doc. 8.) Before the Court is Defendants’ motion to partially dismiss Plaintiff’s complaint pursuant to Federal Rule of Civil Procedure 12(b)(6). (Doc. 20.) Defendants move to dismiss the claim against Defendant Moffett on the ground that it is barred by the statute of limitations. (Id.) For the reasons set forth below, the Court recommends…

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