Martin

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DOMINIQUE MERRIMAN, No. 2:19-CV-2486-WBS-DMC-P Plaintiff, v. FINDINGS AND RECOMMENDATIONS RYAN MARTIN, Defendant. 16 Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to 42 U.S.C. § 1983. Pending before the Court is Defendant’s motion to dismiss. ECF No. 33. Defendant argues the Court should “partially dismiss the Second Amended Complaint on the basis that: (1) Defendant is immune from the damages claims brought against him in his official capacity; (2) Plaintiff’s requests for injunctive relief are moot; and (3) Plaintiff’s claims for injunctive relief are improper requests for prospective relief.” Id. at 1. Plaintiff has not filed an opposition. In considering a motion to dismiss, the Court must accept all allegations of material fact in the complaint as true. See Erickson v. Pardus, 551 U.S. 89, 93-94 (2007). The Court must also construe the alleged facts in the…