Gomez

Introduction 17 Plaintiff is a state prisoner, proceeding without counsel, with a civil rights action pursuant 18 to 42 U.S.C. § 1983. Pending before the court is defendants’ motion to revoke plaintiff’s in 19 forma pauperis status pursuant to 28 U.S.C. § 1915(g). (ECF No. 31.) Defendants also move to 20 dismiss the claims against defendant Lynch pursuant to Federal Rule of Civil Procedure 12(b)(6). 21 (Id.) 22 For the reasons stated herein, the undersigned grants defendants’ motion to dismiss the 23 claims against defendant Lynch with leave to amend. The undersigned defers consideration of 24 defendants’ motion pursuant to 28 U.S.C. § 1915(g) until receipt of plaintiff’s amended 25 complaint. 26 Legal Standard for 12(b)(6) Motion 27 A complaint may be dismissed for “failure to state a claim upon which relief may be 28 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 plaintiff pleads factual content that allows the…