Martinez

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 NICHOLAS VOVOS, No. 2:21-CV-0837-KJM-DMC-P Plaintiff, v. FINDINGS AND RECOMMENDATIONS D. MARTINEZ, 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 unopposed motion to dismiss, ECF No. 26. On June 8, 2021, the Court issued an order addressing the sufficiency of Plaintiff’s complaint. See ECF No. 9. The Court summarized Plaintiff’s allegations as follows:

Plaintiff names the following as defendants: (1) D. Martinez; (2) John Doe #1; (3) John Doe #2; (4) John Doe #3; and (5) Sgt. Phillips. See ECF No. 1, pg. 1. According to Plaintiff, the events giving rise to the complaint occurred at California State Prison – Sacramento (CSP-Sac.). See id. Plaintiff presents two claims. In his first claim, Plaintiff alleges Defendants D. Martinez and John Doe #1…