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UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 IMMANUEL C. PRICE, No. 2:20-cv-1439 TLN KJN P Plaintiff, v. ORDER Z. IGBAL, et al., Defendants. 16 Plaintiff is a state prisoner, proceeding pro se, in an action brought under 42 U.S.C. § 1983. Pending Motion to Dismiss First, plaintiff claims that he still has not received a copy of defendants’ motion to dismiss. (ECF No. 47.) However, on October 6, 2021, plaintiff filed an opposition to the motion to dismiss. (ECF No. 45.) In his opposition, plaintiff claims that despite his nonreceipt of the motion to dismiss, he would attempt to oppose the motion. On September 20, 2021, defendants filed a motion to dismiss, accompanied by a declaration of service by U.S. Mail attesting to service of the motion on plaintiff at his address of record. In their reply, defendants argue that plaintiff’s declaration that he did not receive the motion is insufficient to rebut the presumption of receipt. (ECF No. 47 at…