Ross

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ALEXANDRA FERREIRA DA SILVA, No. 2:21-cv-1208-KJM-CKD PS 12 Plaintiff, 13 v. FINDINGS AND RECOMMENDATIONS 14 JONATHAN KEVIN ROSS, et al., (ECF No. 32) 15 Defendants. 16

17 18 Plaintiff proceeds pro se with a civil rights action under 42 U.S.C. § 1983. Defendant’s 19 motion to dismiss under Rule 12(b)(6) of the Federal Rules of Civil Procedure is before the court. 20 This matter is appropriate for decision without oral argument. See Local Rule 230(g). For the 21 reasons that follow, the undersigned recommends the motion be denied. 22 I. PROCEDURAL BACKGROUND 23 Plaintiff initiated this action on July 9, 2021. (ECF No. 1.) On October 28, 2021, service 24 of plaintiff’s first amended complaint (“FAC”) was found appropriate for defendant, Officer 25 Heidi Morgan, for an alleged unconstitutionally excessive use of force in violation of the 26 Fourteenth Amendment. (ECF No. 13.) On June 17, 2022, defendant moved to dismiss the 27 complaint. (ECF No. 32.) Plaintiff…