Burton

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JONATHAN BENNETT, No. 2:21-cv-1340 WBS KJN P 12 Plaintiff, 13 v. FINDINGS & RECOMMENDATIONS 14 BURTON, et al., 15 Defendants. 16 17 Plaintiff is a state prisoner proceeding pro se and in forma pauperis with a civil rights 18 action under 42 U.S.C. § 1983. Defendants’ fully briefed motion to dismiss is before the court. 19 As discussed below, it is recommended that the motion be denied. 20 Background 21 On June 29, 2023, the motion for judgment on the pleadings filed by defendants U. Garcia 22 and F. Moreno was granted, and plaintiff was granted leave to file a second amended complaint. 23 (ECF Nos. 64, 69.) On July 28, 2023, plaintiff filed a second amended complaint. (ECF No. 70.) 24 On November 2, 2023, defendants filed a motion to dismiss. (ECF No. 73.) Plaintiff 25 failed to file an opposition and was granted an additional thirty days to do so. (ECF No. 74.) On 26 December 18, 2023, plaintiff filed an opposition, and on December 27, 2023,…