Weiss

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 CRAIG LEON, No. 2: 22-cv-2170 TLN KJN P Plaintiff, v. ORDER RICHARD WEISS, 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 for failure to state a claim pursuant to Federal Rule of Civil Procedure 12(b)(6). (ECF No. 21.) Also pending is plaintiff’s motion for appointment of counsel. (ECF No. 23.) For the reasons stated herein, the undersigned grants defendants’ motion to dismiss with leave to amend and denies plaintiff’s motion for appointment of counsel. Legal Standards Governing Motion to Dismiss Rule 12(b)(6) of the Federal Rules of Civil Procedures provides for motions to dismiss for “failure to state a claim upon which relief can be granted.” Fed. R. Civ. P. 12(b)(6). In considering a motion to dismiss pursuant to Federal Rule of…