Petras

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 O.Z. MARTIN, No. 2:20-cv-1536 WBS CKD P Plaintiff, v. FINDINGS AND RECOMMENDATIONS PETRAS, et al., Defendants. 16 Plaintiff is a California prisoner proceeding pro se with a civil action. The motion to dismiss for failure to state a claim upon which relief can be granted filed by defendants Merck & Co. and Merck Sharp & Dohme (collectively Merck) is before the court. I. Standard for Motion to Dismiss for Failure to State a Claim When considering whether a compliant should be dismissed pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure for failure to state a claim upon which relief can be granted, the court must accept the allegations in the operative pleadings as true, Erickson v. Pardus, 551 U.S. 89, 93-94 (2007), and construe the complaint in the light most favorable to the plaintiff, see Scheuer v. Rhodes, 416 U.S. 232, 236 (1974). Along with the allegations made in the operative 26 …