Diaz

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 CURTIS MILLER, Case No. 1:20-cv-01243-ADA-HBK (PC) Plaintiff, FINDINGS AND RECOMMENDATION TO

GRANT DEFENDANTS’ MOTION FOR

v. PARTIAL DISMISSAL B. CATES, FAYE MONTEGRANDE, (Doc. No. 23)

OLUFEMI OWALBI, U. BANIGA,

FOURTEEN DAY OBJECTION PERIOD Defendants. 16 Pending before the Court is Defendants’ motion to dismiss filed on November 3, 2022. (Doc. No. 23, “Motion”). Pursuant to Federal Rule of Civil Procedure 12(b)(6), Defendants seek partial dismissal of Plaintiff’s Complaint. (Id.). Despite being afforded an opportunity to do so, Plaintiff elected not to file any opposition to the Motion. See Order dated July 31, 2023 (Doc. No. 27); see also L.R. 230(l). For the reasons set forth below, the undersigned recommends that the district court grant Defendants’ Motion. BACKGROUND A. Plaintiff’s Complaint and Procedural History Plaintiff initiated…