(PC) Brooks v. Lee

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 9 RODNEY BROOKS, Case No. 2:18-cv-00374-WBS-JDP (PC) Plaintiff, FINDINGS AND RECOMMENDATIONS

THAT DEFENDANT’S MOTION TO

v. DISMISS BE GRANTED IN PART AND

DENIED IN PART

S. LEE, ECF No. 38 Defendants. 15 Plaintiff Rodney Brooks is a state prisoner proceeding without counsel in this action brought under 42 U.S.C. § 1983. He alleges that defendant S. Lee violated his due process and First Amendment rights by finding him guilty of false charges during a prison disciplinary hearing. ECF No. 1 at 6-9. Defendant S. Lee has filed a motion to dismiss and argues that another officer—J. Lee—presided over plaintiff’s disciplinary hearing. ECF No. 38 at 8. In his opposition, plaintiff concedes that the wrong officer was served and asks that the claims against defendant S. Lee be dismissed. ECF No. 51 at 2. He also asks that the court order the California Attorney General to serve J. Lee and that he be allowed to amend his complaint…