Tabor

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 CUONG HUY DAO, No. 2: 22-cv-0846 KJN P Plaintiff, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

P. TABOR, et al., Defendants. 16 Introduction Plaintiff is a state prisoner, proceeding without counsel, with a civil rights action pursuant to 42 U.S.C. § 1983. Pending before the court is defendants’ motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6). (ECF No. 33.) Defendants move to dismiss plaintiff’s failure-to-protect claim on the grounds that plaintiff failed to exhaust administrative remedies as to this claim. (Id.) Defendants also argue that plaintiff is not entitled to compensatory damages as to his failure-to-protect claim because he failed to allege a physical injury. (Id.) For the reasons stated herein, the undersigned recommends that defendants’ motion to dismiss plaintiff’s failure-to-protect claim be granted. Also pending is defendants’ motion for an extension of time to…