Tesluk

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 FRANCOIS P. GIVENS, No. 2:20-CV-0930-DJC-DMC-P Plaintiff, v. FINDINGS AND RECOMMENDATIONS GREGORY C. TESLUK, et al., Defendants. 16 Plaintiff, who is proceeding pro se, brings this civil rights action under 42 U.S.C. § 1983. Pending before the Court is the motion to dismiss filed by Defendants Chapnick and Lewis, ECF No. 69. Also pending before the Court is Plaintiff’s opposition to the motion to dismiss, ECF No. 74, and Defendants’ reply in support of the motion to dismiss, ECF No. 76. 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…