Swadener

Swadener v. State of California

Good Law
United States District Court, Southern District of CaliforniaDecember 3, 20243:24-cv-00283California2,513 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 Case No.: 24-cv-00283-DMS-MSB

LARRY WAYNE SWADENER,

Plaintiff, ORDER GRANTING DEFENDANTS’ v. MOTION TO DISMISS

STATE OF CALIFORNIA; CITY OF ESCONDIDO; et al., 15 Defendants. 16 17 Pending before the Court is Defendants’ Motion to Dismiss Plaintiff’s Complaint pursuant to Federal Rule of Civil Procedure 12(b)(6). (Defendants’ Motion (“Defs.’ Mot.”), ECF No. 20). Plaintiff has not filed an Opposition. For the following reasons, Defendants’ Motion to Dismiss is GRANTED. I. BACKGROUND Plaintiff sues for alleged constitutional violations by the State of California, the City

25 1 Civil Local Rule 7.1(f)(3)(c) states that if an opposing party fails to file a response in opposition to a motion, that failure may constitute consent to the granting of a motion. While a district court may grant an unopposed motion pursuant to a local rule which permits as much, Ghazali v.…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.