(PC) Witkin v. Thomas

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MICHAEL AARON WITKIN, No. 2:22-cv-01310 DJC SCR P 12 Plaintiff, 13 v. ORDER AND FINDINGS & RECOMMENDATIONS 14 R. THOMAS, et al., 15 Defendants. 16 17 Plaintiff is a former state prisoner proceeding pro se with a civil rights action under 42 18 U.S.C. § 1983. Before the undersigned is defendants’ motion to dismiss pursuant to Federal Rule 19 of Civil Procedure 12(b)(6). For the reasons set forth below, the undersigned recommends that 20 defendants’ motion be granted in part and denied in part as…