(PS) Kidgell v. County of Merced

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 GARY HOWARD KIDGELL, No. 2:24-cv-1580 TLN SCR (PS) Plaintiff, v. FINDINGS AND RECOMMENDATIONS COUNTY OF MERCED, Defendant. 16 Plaintiff, Gary Howard Kidgell, filed this action pro se and paid the filing fee. The case was accordingly referred to the undersigned pursuant to Local Rule 302(c)(21). Plaintiff is suing Defendant County of Merced over an allegedly unlawful private land transfer that occurred in 1872 or 1873, on the theory that Defendant’s recording of the transfer was unconstitutional and therefore gives rise to federal jurisdiction under 42 U.S.C. §1983. Pending before the Court is Defendant’s motion to dismiss for lack of subject matter jurisdiction under Rule 12(b)(1) (ECF No. 7) and Plaintiff’s motion for leave to file an amended complaint (ECF No. 15). For the reasons that follow, the undersigned recommends that the motion to dismiss be granted. The undersigned further recommends that the motion for…