Sysouvanh

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DONELL THOMAS HAYNIE, No. 2:22-cv-02204 DB P Plaintiff, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

CASSANDRA SYSOUVANH, Defendant. 16 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’s motion to dismiss under Federal Rule of Civil Procedure 12(b)(6) is before the court. (ECF No. 26.) For the reasons set forth below, the undersigned recommends the motion to dismiss be denied. RELEVANT PROCEDURAL BACKGROUND Plaintiff initiated this case in the Fresno division of this court with a complaint naming Cassandra Sysouvanh (“defendant”) and three other individuals. (ECF No. 1.) On September 1, 2022, plaintiff filed the operative second amended complaint (“SAC”) naming only defendant. (ECF No. 9.) On December 13, 2022, the court granted plaintiff’s motion to…