(PC) Head v. County of Sacramento

UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF CALIFORNIA

10 11 CHARLES HEAD, No. 2: 19-cv-1663 TLN KJN P 12 Plaintiff, 13 v. FINDINGS AND RECOMMENDATIONS 14 COUNTY OF SACRAMENTO, et al., 15 Defendants.

17 Introduction Plaintiff is a federal prisoner, proceeding without counsel, with a civil action. Pending before the court is defendant Shelton’s motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6). (ECF No. 54.) For the reasons stated herein, the undersigned recommends that defendant’s motion be granted in part and denied in part. Legal Standard for 12(b)(6) Motion A complaint may be dismissed for “failure to state a claim upon which relief may be granted.” Fed. R. Civ. P. 12(b)(6). To survive a motion to dismiss for failure to state a claim, a plaintiff must allege “enough facts to state a claim for relief that is plausible on its face.” Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 570 (2007). A claim has “facial plausibility when the 28 plaintiff pleads factual content that allows the court to draw the reasonable inference…