(PC) Baker v. Lynch

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 TIMOTHY RAY BAKER, No. 2:19-CV-2617-KJM-DMC-P Plaintiff, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

J. HOWARD, et al., Defendants. 16 Plaintiff, a prisoner proceeding pro se, brings this civil rights action under 42 U.S.C. § 1983. Before the Court is Defendants’ motion to dismiss Plaintiff’s complaint under Federal Rule of Civil Procedure 12(b)(6). ECF No. 25. The Court, on February 10, 2021, granted Plaintiff a 60- day extension of time to reply to Defendants’ motion. ECF No. 30. Plaintiff’s response was due April 11, 2021. See id. Plaintiff filed an opposition on May 14, 2021. ECF No. 33. Plaintiff filed the opposition out of time and the Court declines to consider it. For the reasons discussed below, the undersigned United States Magistrate Judge recommends that the District Court deny Defendants’ motion to dismiss. The Court will grant Plaintiff an opportunity to amend his complaint to…