James
James v. Lee
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 KYLE ROBERT JAMES, Case No.: 16-cv-01592-AJB (JLB), consolidated with 17-cv-00859-AJB Plaintiff, (MDD) v.
REPORT AND
BARBARA LEE, et al.,
RECOMMENDATION REGARDING
Defendants. DEFENDANT’S MOTION TO
DISMISS FIFTH AMENDED
COMPLAINT
17 [ECF No. 144] 18 19 Plaintiff Kyle Robert James (“Plaintiff”), a state prisoner proceeding pro se and in forma pauperis, commenced this civil rights action pursuant to 42 U.S.C. § 1983 on June 21, 2016. (ECF No. 1.) Presently before the Court is a motion to dismiss the Fifth Amended Complaint (ECF No. 138 (“5AC”)) filed by Defendant Mark Kania (“Defendant” or “Kania”). (ECF No. 144.) Defendant moves to dismiss the 5AC in its entirety with prejudice pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. (Id.) Plaintiff filed an opposition (ECF No. 152), and Defendant filed a reply in support (ECF No. 153). 28 Pursuant to 28 U.S.C. § 636(b) and Civil Rule 72.3 of the…