May
(PC) Torres v. May
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
8 ARTHUR TORRES, Case No. 1:20-cv-00839-EPG (PC) 9 Plaintiff, FINDINGS AND RECOMMENDATIONS
RECOMMENDING THAT DEFENDANTS’
v. MOTION TO DISMISS BE GRANTED
DANIEL MAY, et al., (ECF No. 21)
Defendants. OBJECTIONS, IF ANY, DUE WITHIN
TWENTY-ONE DAYS
ORDER DIRECTING CLERK TO ASSIGN
DISTRICT JUDGE
16 I. INTRODUCTION Arthur Torres (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This case proceeds “on Plaintiff’s Fourteenth Amendment due process claim against defendants May, Shimmin, and Frauenheim.” (ECF No. 9, p. 10).1 On December 4, 2020, Defendants filed a motion to dismiss. (ECF No. 21). On December 29, 2020, Plaintiff filed his opposition to the motion. (ECF No. 22). On January 13, 2021, Defendants filed their reply. (ECF No. 25). For the reasons that follow, the Court will recommend that Defendants’ motion to 26 …