Solares

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DORA SOLARES, No. 1:20-cv-00323-NONE-BAM Plaintiff, v. ORDER ADOPTING IN PART FINDINGS

AND RECOMMENDATIONS AND

KATHLEEN ALLISON, et al., GRANTING IN PART AND DENYING IN

PART MOTION TO DISMISS

Defendants. (Doc. Nos. 17, 36) 16 Plaintiff Dora Solares brings this action in both her individual capacity and as the successor-in-interest to Luis Romero in this action pursuant to 42 U.S.C. § 1983 and state law. The matter proceeds on plaintiff’s first amended complaint (Doc. No. 15 (“FAC”)) against defendants Ralph Diaz, Kenneth Clark, and Joseph Burns and Does 1–15. In the FAC plaintiff alleges that defendants violated Romero’s rights under the Eighth Amendment and state law, and also plaintiff’s Fourteenth Amendment rights. Defendants moved to dismiss the FAC pursuant to Federal Rules of Civil Procedure 12(b)(6) and 12(b)(7). (Doc. No. 17.) The motion was referred to a United States Magistrate Judge for issuance of…