CDCR

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 XAVIER LUMAR J'WEIAL, No. 2:21-cv-00712-WBS DB P Plaintiff, v. FINDINGS AND RECOMMENDATIONS CALIFORNIA DEPARTMENT OF

CORRECTIONS, ET AL.,

15 Defendants.

17 Plaintiff, a state prisoner proceeding pro se, filed this civil rights action under 42 U.S.C. § 1983. This matter was referred to the undersigned by Local Rule 302. See 28 U.S.C. § 636(b)(1). Defendant Lizarraga’s motion to dismiss under Federal Rule of Civil Procedure 12(b)(6) is before the court. (ECF No. 33.) For the reasons set forth below, the undersigned recommends the motion to dismiss be granted for failure to state a claim. RELEVANT PROCEDURAL BACKGROUND Plaintiff filed the operative first amended complaint (“FAC”) (titled “second amended complaint”) on March 3, 2023. (ECF No. 13.) The undersigned screened the FAC and found it did not state a claim against six defendants other than defendant Lizarraga because it did not “allege any nonconclusory…