Munoz

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 GRADY HARRIS, No. 2:16-cv-0830 TLN DB P Plaintiff, v. FINDINGS AND RECOMMENDATIONS JEFF MACOMBER, et al., Defendants. 16 Plaintiff, a state prisoner proceeding pro se and in forma pauperis, has filed this civil rights action seeking relief under 42 U.S.C. § 1983. The matter was referred to this court pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. Before this court is a motion to dismiss filed by defendant D. Leavitt.1 and plaintiff’s second amended complaint (“SAC”). (ECF No. 90). For the reasons stated below the undersigned shall recommend that defendant’s motion to dismiss be denied as moot. //// //// ////

The court notes there are multiple defendants in this case. Defendant Leavitt is represented by private counsel. The remaining defendants are represented by the Office of the Attorney General. Their pending motion for summary judgment (see ECF No. 81) shall be addressed separately. 1 …