Conanan

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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10 DENNIS C. HISLE, Case No. 1:21-cv-001680-ADA-SAB (PC)

11 Plaintiff, FINDINGS AND RECOMMENDATION

RECOMMENDING DEFENDANT’S

12 v. MOTION TO DISMISS BE DENIED

13 MARLYN CONANAN, (ECF No. 22) 14 Defendant.

15 16 Dennis C. Hisle (Plaintiff), a state prisoner, is proceeding pro se in this civil rights action 17 filed pursuant to 42 U.S.C. § 1983. Currently before the Court is Defendant’s motion to dismiss, 18 filed September 2, 2022. 19 I. 20 RELEVANT BACKGROUND 21 This action is proceeding against Defendant Marlyn Conanan for deliberate indifference 22 in violation of the Eighth Amendment. 23 On September 2, 2022, Defendant filed the instant motion to dismiss. (ECF No. 22.) On 24 September 28, 2022, Plaintiff filed an opposition, and Defendant filed a reply on October 12, 25 2022. (ECF Nos. 23, 24.) 26 /// 27 /// /// 1 II. 2 APPLICABLE LAW 3 A motion filed under…