Cloak

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 EARL DAVIS SR., Case No. 1:22-cv-01632-JLT-HBK (PC) Plaintiff, ORDER DENYING AS MOOT

DEFENDANTS’ MOTION TO DISMISS1

v. (Doc. No. 15) E. CLOAK, S. REED, and R. VINCENT,

ORDER REFERRING CASE TO EARLY

Defendants. ADR AND STAYING CASE OPT OUT DATE: FEBRUARY 12, 2024 17 18 19 Pending before the Court is Defendants Cloak, Reed, and Vincent’s Motion to Dismiss, filed on October 30, 2023. (Doc. No. 52, “Motion”). Defendants seek dismissal of Plaintiff’s purported official capacity claims against Defendants pursuant to Federal Rule of Civil Procedure 12(b)(6). (See generally Id.). Plaintiff did not file any opposition. For the reasons set forth below, the undersigned denies Defendants’ Motion to Dismiss as moot. Plaintiff Earl Davis Sr. initiated this action as a state prisoner and is proceeding on his 26 1 This motion was referred by the district court pursuant to 28 U.S.C. § 636(b)(1)(B) and Local…