Dias

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 11 SEAN DIAS, Case No. 1:24-cv-00354-SAB 12 Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND GRANTING v. DEFENDANTS’ MOTION TO DISMISS 14 WILLIAM AVILA, et al., Docs. 4, 8, 11 15 Defendants.

17 Plaintiff Sean Dias, proceeding pro se, filed this civil rights action in the Superior Court Tulare County on March 7, 2024. Doc. 1 at 6–14. On March 26, 2024, defendants William Avila and Dominick Garay removed the action to this Court. Id. at 1–4. On March 27, 2024, defendants filed a motion to dismiss, Doc. 4, and the motion was directly assigned to the magistrate judge pursuant to L.R. App. A(m), Doc. 8 at 1. However, because plaintiff had not appeared or filed consent or declination of consent forms as required by L.R. App. A(m)(1), the magistrate judge issued findings and recommendations which were referred to the undersigned. The findings and recommendations recommend defendants’ motion to dismiss be…