Blanco

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JAMES C. McCURDY, No. 2:21-CV-1764-DAD-DMC-P Plaintiff, ORDER v. and P. BLANCO, et al., AMENDED FINDINGS AND

RECOMMENDATIONS

Defendants. 16 Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to 42 U.S.C. § 1983. Pending before the Court is Defendants’ motion to partially dismiss. See ECF No. 26. On March 19, 2024, the Court issued findings and recommendations that Defendants’ motion, which at the time the findings and recommendations were processed, was unopposed. See ECF No. 45. Plaintiff has now filed an opposition. See ECF No. 44. The Court therefore issues this order and amended findings and recommendations to correctly reflect that Defendants’ motion is in fact opposed. 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 26 …