Swadener
Swadener v. State of California
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.…