Honea

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 RAUL DANIEL LINAREZ- No. 2:22-cv-1692 KJM KJN P

RODRIGUEZ,

12 Plaintiff, ORDER v. 14 KORY L. HONEA, et al., 15 Defendants.

17 Plaintiff is a Butte County Jail inmate, proceeding pro se. This action was referred to this 18 court pursuant to 28 U.S.C. § 636(b)(1) and Local Rule 302. Defendants Perez and Foster 19 (hereafter “moving defendants”) moved to dismiss plaintiff’s second amended complaint.1 20 As set forth below, the undersigned grants moving defendants’ motion to dismiss with 21 leave to amend. 22 Motion to Dismiss 23 Legal Standards Governing Motion to Dismiss 24 Rule 12(b)(6) of the Federal Rules of Civil Procedures provides for motions to dismiss for 25 “failure to state a claim upon which relief can be granted.” Fed. R. Civ. P. 12(b)(6). In 26 27 Service of process on defendant Rayome was delayed due to difficulties in locating him. Defendant Rayome filed an answer on October 20, 2023. considering a motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6),…