(PC) Martinez v. Mundy

1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 BENJAMIN MARTINEZ, No. 2:21-CV-1872-DAD-DMC-P 12 Plaintiff, ORDER 13 v. and 14 L. MUNDY, FINDINGS AND RECOMMENDATIONS 15 Defendant. 16 17 Plaintiff, a prisoner proceeding pro se, brings this civil rights action under 42 18 U.S.C. § 1983. Pending before the Court is Defendant’s motion to dismiss, ECF No. 31. Plaintiff 19 has filed an opposition, ECF Nos. 33 and 34. Defendants has filed a reply, ECF No. 35. Plaintiff 20 has filed an unauthorized sur-reply, ECF No. 36, and request for ruling, ECF…