Llamas

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 BRYAN WEBB, Case No. 1:20-cv-00725-SKO (PC)

Plaintiff, FINDINGS AND RECOMMENDATIONS

TO GRANT IN PART AND DENY IN PART

v. DEFENDANTS’ MOTION TO DISMISS

AND TO DENY PLAINTIFF’S REQUEST

P. LLAMAS, et al., FOR ENTRY OF DEFAULT

Defendants. (Docs. 14, 27)

21-DAY DEADLINE

Clerk of the Court to Assign a District Judge

18 Before the Court is Defendants’ motion to dismiss (Doc. 14) and Plaintiff’s request for entry of default (Doc. 27). For the reasons set forth below, the Court recommends that the motion to dismiss be granted in part and denied in part, and that the request for entry of default be denied. I. LEGAL STANDARDS A motion to dismiss under Federal Rule of Civil Procedure 12(b)(6) “tests the legal sufficiency of a claim.” Navarro v. Block, 250 F.3d 729, 732 (9th Cir. 2001). In resolving a Rule 12(b)(6) motion, the Court’s review is generally limited to the “allegations contained…