Munoz

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 JOE NINO, Case No. 1:20-cv-01722-ADA-CDB (PC)

Plaintiff,

FINDINGS AND RECOMMENDATIONS

v. TO GRANT IN PART AND DENY IN PART

DEFENDANT SULLIVAN’S MOTION TO

J. MUNOZ, et al., DISMISS

Defendants. (Doc. 38)

14-DAY OBJECTION PERIOD

17 I. INTRODUCTION On June 15, 2022, Plaintiff Joe Nino, appearing through counsel, filed a third amended complaint, brought pursuant to 42 U.S.C. § 1983. (Doc. 33.) On August 22, 2022, following service of the third amended complaint, Defendants Carrillo, Escarcega, Harris, Masferrer and Munoz filed an answer to the complaint. (Doc. 39.) Also on August 22, 2022, Defendant W. J. Sullivan filed a motion to dismiss. (Doc. 38.) Plaintiff filed his opposition on September 12, 2022 (Doc. 41), and on September 26, 2022, Sullivan filed his reply (Doc. 42). On October 6, 2022, the Court issued its Order of Reassignment,…