CDCR

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ROBERTO ROJAS, by and through his No. 2:21-cv-01086 DAD AC Guardian Ad Litem, Sergio Rojas, 12 Plaintiff, ORDER AND v. FINDINGS AND RECOMMENDATIONS

CALIFORNIA DEPARTMENT OF

CORRECTIONS AND REHABILITATION, et al., 16 Defendants.

18 Plaintiff is a state prisoner proceeding by and through his appointed guardian ad litem in this civil rights action which was removed from state court on June 18, 2021. All parties are proceeding through counsel. This matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. Currently pending before the court is defendants’ motion to dismiss pursuant to Rules 12(b)(1) and 12(b)(6) of the Federal Rules of Civil Procedure. ECF No. 12. Following briefing by the parties, a hearing was held on the motion on January 17, 2024, and the matter was taken under submission. The parties appeared through their respective counsel. Having reviewed the 27 …