Gutierrez

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 LY TRI, Case No.: 1:22-cv-00836-KES-SKO (PC) Plaintiff,

FINDINGS AND RECOMMENDATIONS TO

v. GRANT DEFENDANT McNUTT’S MOTION

TO DISMISS

C. GUTIERREZ, et al., (Doc. 16) Defendants. 14-DAY OBJECTION PERIOD

Plaintiff Ly Tri is proceeding pro se in this civil rights action brought pursuant to 42 U.S.C. § 1983. I. RELEVANT BACKGROUND Plaintiff filed a complaint on July 8, 2022. (Doc. 1.) Following screening and service of process, the action proceeds on Plaintiff’s First Amendment retaliation claim against Defendant D. Gutierrez and Fourteenth Amendment due process claim against Defendant J. McNutt. (See Docs. 9 & 10.) On July 26, 2023, Defendant McNutt filed a motion to dismiss for lack of subject matter jurisdiction. (See Doc. 16.) The following day, Defendant Gutierrez filed a motion to stay the responsive pleading deadline pending the Court’s ruling on Defendant McNutt’s motion to 1 …