Jones

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 BRYSON JONES, Case No. 2:24-cv-01199-CSK 12 Plaintiff, 13 v. ORDER GRANTING IN PART AND

DENYING IN PART DEFENDANTS’

14 CITY OF VALLEJO, et al., MOTION TO DISMISS 15 Defendants. (ECF No. 10) 16 17 Pending before the Court are Defendants City of Vallejo and Matthew Komoda’s 18 motion to dismiss the First Amended Complaint in part and motion to strike pursuant to 19 Federal Rules of Civil Procedure 12(b)(6) and 12(f). (ECF No. 10.)1 Plaintiff filed an 20 opposition (ECF No. 11), and Defendants filed a reply (ECF No. 14). A hearing set for 21 October 15, 2024 on Defendants’ motion to dismiss was vacated pursuant to the parties’ 22 joint stipulation, and the matter was submitted on the papers. (ECF Nos. 15, 16.) 23 For the reasons that follow, Defendants’ motion to dismiss is GRANTED IN PART 24 AND DENIED IN PART. The Court dismisses with prejudice Plaintiff’s 42 U.S.C. § 1983 25 claim for a substantive due process violation under the…