Castillo
(PC) Bratton v. Castillo
Opinion
Trial Court Opinion
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 TORY BRATTON, No. 2:21-CV-0076-KJM-DMC-P Plaintiff, v. FINDINGS AND RECOMMENDATIONS CASTILLO, et al.,
Defendants.
16 Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to 42 U.S.C. § 1983 and the Americans with Disabilities Act (ADA). Pending before the Court is Defendant Bobbala’s motion to dismiss, ECF No. 27. Plaintiff has filed an opposition in response to Defendant’s motion, ECF No. 29. In considering a motion to dismiss, the Court must accept all allegations of material fact in the complaint as true. See Erickson v. Pardus, 551 U.S. 89, 93-94 (2007). The Court must also construe the alleged facts in the light most favorable to the plaintiff. See Scheuer v. Rhodes, 416 U.S. 232, 236 (1974); see also Hosp. Bldg. Co. v. Rex Hosp. Trustees, 425 U.S. 738, 740 (1976); Barnett v. Centoni, 31 F.3d 813, 816 (9th Cir. 1994) (per curiam). All ambiguities or…