Akabike

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 ALVARO QUEZADA, Case No. 1:18-cv-00797-DAD-JLT (PC)

Plaintiff, FINDINGS AND RECOMMENDATIONS

TO GRANT IN PART AND DENY IN PART

v. DEFENDANTS’ MOTION TO DISMISS

AKABIKE, et al., (Doc. 41)

Defendants. 21-DAY DEADLINE

16 Before the Court is Defendants’ motion to dismiss Plaintiff’s third amended complaint. (Doc. 41.) For the reasons set forth below, the Court recommends that the motion be granted in part and denied in part. 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 in the pleadings, exhibits attached to the complaint, and matters properly subject to judicial notice.” Manzarek v. St. Paul Fire & Marine Ins. Co., 519 F.3d 1025, 1030-31 (9th Cir.…