Macomber

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 WILLIAM NYLE NIBLE, Case No. 2:24-cv-01259-DJC-CSK 12 Plaintiff, 13 v. FINDINGS AND RECOMMENDATIONS

TO GRANT DEFENDANT RASKIN-LI’S

14 JEFF MACOMBER, et al., MOTION TO DISMISS 15 Defendants. 16 (ECF No. 30)

17 Pending before the Court is Defendant Julie Raskin-Li’s1 motion to dismiss 18 pursuant to Federal Rules of Civil Procedure 12(b)(6), which is fully briefed. (ECF Nos. 19 30, 36, 37, 39).2 A hearing was held on January 21, 2025. For the reasons stated below, 20 the Court recommends GRANTING Defendant Raskin-Li’s motion to dismiss. The Court 21 recommends dismissing Plaintiff’s Due Process, Equal Protection, and Double Jeopardy 22 claims as to Defendant Raskin-Li without leave to amend as amendment would be futile. 23 / / / 24 / / / 25

26 1 Defendant Raskin-Li’s name in incorrectly spelled in the FAC as “Raskin-Lee.” See ECF No. 11. The Clerk of the Court is directed to update the docket to reflect the correct 27 spelling of…