Paris

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 MICHAEL ANDREW PARIS, Case No.: 3:22-cv-00565-AGS-AHG

Plaintiff,

REPORT AND

v. RECOMMENDATION FOR ORDER

GRANTING DEFENDANT’S

MARCUS POLLARD,

MOTION TO DISMISS

Defendant. [ECF No. 8]

17 18 19 20 Plaintiff Michael Andrew Paris (“Plaintiff”), a state prisoner proceeding pro se and in forma pauperis, filed a civil rights complaint pursuant to 42 U.S.C. § 1983, alleging that former warden, Marcus Pollard (“Defendant”), violated his rights under the Eighth Amendment when Defendant failed to adequately protect Plaintiff’s health and safety during a COVID-19 outbreak at Richard J. Donovan Correctional Facility (“RJD”). ECF Nos. 1, 4. Defendant filed a motion to dismiss, which Plaintiff opposes. ECF Nos. 8, 10. For the reasons outlined below, the Court RECOMMENDS that the District Judge GRANT the motion to dismiss with leave to amend. I. BACKGROUND In his complaint,…