Troth

(PC) Hill v. Troth

Good Law
United States District Court, Eastern District of CaliforniaJune 13, 20232:22-cv-01817California3,444 words

Opinion

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 CYMEYON HILL No. 2:22-CV-1817-TLN-DMC-P Plaintiff, v. FINDINGS AND RECOMMENDATIONS TROTH, et al., Defendants. 16 Plaintiff, a civil detainee proceeding pro se, brings this civil rights action under 42 U.S.C. § 1983. Pending before the Court is Defendant Dr. Suzuki’s motion to dismiss, ECF No. 17, Plaintiff’s oppositions thereto, ECF Nos. 18 and 21, and Defendant Suzuki’s reply, ECF No. 19.1 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 doubts must also be resolved in the…

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