(PS) Gifford v. Hornbrook Fire Protection District

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ROGER GIFFORD, No. 2:16-CV-0596-DJC-DMC Plaintiff, v. FINDINGS AND RECOMMENDATIONS HORNBROOK FIRE PROTECTION DISTRICT, et al., 15 Defendants. 16 17 Plaintiff, who is proceeding in forma pauperis and pro se, brings this civil action. Pending before the Court is Defendants’ motion to dismiss. See ECF No. 66. Plaintiff has filed an opposition. See ECF No. 71. Defendants have filed a reply. See ECF No. 72. 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 doubts must also be resolved in the…