Hanson

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ROGER GIFFORD, No. 2:21-CV-0119-DJC-DMC Plaintiff, v. FINDINGS AND RECOMMENDATIONS MICHELE HANSON, et al., Defendants. 16 Plaintiff, who is proceeding pro se, brings this civil action. Pending before the Court is Defendants’ motion to dismiss. See ECF No. ECF No. 40. Plaintiff has filed an opposition. See ECF No. 45. Defendants have filed a reply. See ECF No. 47. After a hearing before the undersigned, the matter was submitted. 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 ambiguities or…