Pongyang

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 WILLIAM JAMES HARRIS, No. 2: 21-cv-0846 TLN KJN P Plaintiff, v. FINDINGS AND RECOMMENDATIONS CAPTAIN PONGYAN, et al., Defendants. 16 Plaintiff is a state prisoner, proceeding without counsel, with a civil rights action pursuant to 42 U.S.C. § 1983. Pending before the court is defendant Pongyan’s motion to dismiss on the grounds that plaintiff failed to exhaust administrative remedies. (ECF No. 30.) For the reasons stated herein, the undersigned recommends that defendant’s motion be denied. Legal Standard for 12(b)(6) Motion A complaint may be dismissed for “failure to state a claim upon which relief may be 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…