(PC)Best
(PC)Best v. Willox
Opinion
Trial Court Opinion
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DARIN GAVIN BEST, No. 2:20-CV-1897-JAM-DMC-P Plaintiff, v. FINDINGS AND RECOMMENDATIONS WILLOX, Defendant. 16 Plaintiff, a prisoner proceeding pro se, brings this civil rights action under 42 U.S.C. § 1983. Pending before the Court is Defendant’s motion to dismiss, ECF No. 18. Plaintiff has not filed an opposition. Defendant argues the operative first amended complaint should be dismissed in its entirety, without leave to amend, for failure to state a claim upon which relief can be granted. See ECF No. 18-1. Pursuant to Eastern District of California Local Rule 230(c), the Court construes Plaintiff’s failure to file an opposition to Defendant’s motion as consent to the relief requested. / / / / / / / / / / / / / / / Based on the foregoing, the undersigned recommends that Defendant’s unopposed motion to dismiss, ECF No. 18, be granted. These findings…