Mackey

INTRODUCTION

15 Plaintiff, a California prisoner proceeding without attorney representation, filed this civil 16 rights case under 42 U.S.C. ' 1983 against officials at San Quentin State Prison (“SQSP”). 17 Following review of the first amended complaint (ECF No. 12) under 28 U.S.C. § 1915A, three 18 claims were dismissed and two remain: one against Defendant Correctional Counselor Della 19 Baker1 and one against Defendant Lieutenant Teixeira. (ECF Nos. 19, 26.) Defendants Teixeira 20 and Della Baker have filed separate motions to dismiss under Rule 12(b)(6) of the Federal Rules 21 of Civil Procedure for failure to state a claim upon which relief may be granted. (ECF Nos. 24, 22 33.) Teixeira has also filed a motion to sever the claim against him from the claim against Della 23 Baker, and Della Baker has joined in this motion. (ECF Nos. 25, 34.) Although given the 24 opportunity to oppose these motions, Plaintiff has not done so. Plaintiff has filed a motion for 25 default judgment, Defendants have filed an opposition, and Plaintiff has filed a “response.” (ECF 26 27 Nos. 39, 40, 42.) For the reasons discussed below, Teixeira’s motion to dismiss is…