(PC) Smithee v. California Correctional Institution

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

DANA SMITHEE, et al. Case No. 1:19-cv-00004-JLT-CDB

Plaintiffs, FINDINGS AND RECOMMENDATIONS TO (1)

DENY DEFENDANT PRATAP NARAYN’S

v. MOTION TO DISMISS PLAINTIFFS’ FIFTH

AMENDED COMPLAINT; AND (2) EXTEND

CALIFORNIA CORRECTIONAL LEAVE TO FILE SIXTH AMENDED INSTITUTION, et al. COMPLAINT 15 Defendants. (Doc. 134) 16 14-DAY DEADLINE

Pending before the Court is Defendant Pratap Narayn’s (“Defendant”) motion to dismiss

Plaintiffs Dana Smithee and E.M.’s (hereinafter collectively “Plaintiffs”) fifth amended complaint, filed February 28, 2022. (Doc. 134). On March 9, 2022, Plaintiffs filed an opposition to the motion to dismiss and Defendant filed a reply on March 31, 2022. (Docs. 135-36). For the foregoing reasons, the Undersigned will recommend Defendants’ motion to dismiss be denied. Factual Background According to Plaintiffs’ allegations, since 1999, this federal district has had a special master overseeing the…