CDCR

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 FERNANDO SAMANIEGO, No. 2:19-cv-2606 TLN KJN P Plaintiff, v. FINDINGS AND RECOMMENDATIONS CDCR, et al., Defendants. 16 Plaintiff is a state prisoner, proceeding through counsel, with a civil rights action pursuant to 42 U.S.C. § 1983. The court’s filing fee was paid. On June 16, 2020, plaintiff filed an amended complaint. Defendants’ motion to dismiss is before the court. As discussed below, the undersigned recommends that defendants’ motion be granted in part and denied in part. I. Motion to Dismiss: Legal Standards Rule 12(b)(6) of the Federal Rules of Civil Procedures provides for motions to dismiss for “failure to state a claim upon which relief can be granted.” Fed. R. Civ. P. 12(b)(6). In considering a motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6), the court must accept as true the allegations of the complaint in question, Erickson v. Pardus, 551 U.S. 89 (2007), and…