Banuelos

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 THEON OWENS, No. 2:19-CV-01683-MCE-DMC-P Plaintiff, v. FINDINGS AND RECOMMENDATIONS D. BANUELOS, et al., Defendants. 16 Plaintiff, who is proceeding pro se, brings this civil rights action pursuant to 42 U.S.C. § 1983. Pending before the Court is Defendants’ motion to dismiss Plaintiff’s second amended complaint (SAC), ECF No. 68. Plaintiff has filed an opposition, ECF No. 73. Defendants have filed a reply to Plaintiff’s opposition, ECF No. 76. In considering a motion to dismiss, the Court must accept all allegations of material fact in the complaint as true. See Erickson v. Pardus, 551 U.S. 89, 93-94 (2007). The Court must also construe the alleged facts in the light most favorable to the plaintiff. See Scheuer v. Rhodes, 416 U.S. 232, 236 (1974); see also Hosp. Bldg. Co. v. Rex Hosp. Trustees, 425 U.S. 738, 740 (1976); Barnett v. Centoni, 31 F.3d 813, 816 (9th Cir. 1994) (per curiam). All 26 …