Lyons

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

ALLEN HAMMLER, 1:19-cv-01650-AWI-GSA-PC

Plaintiff, FINDINGS AND RECOMMENDATIONS

RECOMMENDING THAT DEFENDANT

vs. LUCAS’S RULE 12(b)(6) MOTION TO

DISMISS THE COMPLAINT BE

J. LYONS, et al., GRANTED IN PART AND DENIED IN

PART

Defendants. (ECF No. 30.)

FOURTEEN-DAY DEADLINE TO FILE

OBJECTIONS

20 I. BACKGROUND Allen Hammler (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis with this civil rights action pursuant to 42 U.S.C. § 1983. On December 21, 2018, Plaintiff filed the Complaint commencing this action in the Sacramento Division of the United States District Court for the Eastern District of California. (ECF No. 1.) On April 3, 2019, Plaintiff filed the First Amended Complaint as a matter of course. (ECF No. 12.) On November 21, 2019, the Sacramento Division dismissed Plaintiff’s claims against defendant Lyons for failure to state a…