CDCR

1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MYCHAEL TYRONE SHANNON, No. 2:17-CV-1084-DAD-DMC-P 12 Plaintiff, 13 v. FINDINGS AND RECOMMENDATIONS 14 RALPH DIAZ, et al., 15 Defendants. 16 17 Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to 18 42 U.S.C. § 1983. Pending before the Court is Defendants’ motion to dismiss. See ECF No. 78. 19 Defendants have filed a request for judicial notice in support of their motion. See ECF No. 78-3. 20 Also filed in support of Defendants’ motion is the declaration of defense counsel, Andrea Sloan, 21 Esq. See ECF No. 79. Plaintiff has filed an opposition to Defendants’ motion. See ECF No. 80. 22 Defendants have filed a reply. See ECF No. 81. Plaintiff has filed a sur-reply without prior leave 23 of court. See ECF No. 82. 24 In considering a motion to dismiss, the Court must accept all allegations of 25 material fact in the complaint as true. See Erickson v. Pardus, 551 U.S. 89, 93-94 (2007). The 26 Court must also…