Hernandez

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 BRADLEY MOORHEAD II, No. 2:24-cv-00344-TLN-SCR 11 Plaintiffs, 12 v. ORDER AND FINDINGS AND

RECOMMENDATIONS

13 RAUL HERNANDEZ, et al., 14 Defendants. 15 16 Plaintiff is proceeding in this matter pro se, and this matter is referred to the undersigned 17 pursuant to Local Rule 302(c)(21) and 28 U.S.C. § 636. Now before the Court are Defendants’ 18 Motion to Dismiss (ECF No. 4), Motion to Strike (ECF No. 11), and request to file a reply (ECF 19 No. 8). Plaintiff has filed a motion to participate in e-filing (ECF No. 9). The motions were 20 submitted without oral argument. ECF Nos. 12 & 14. The Court now denies the request to file a 21 reply and motion for e-filing, and will recommend that the motion to dismiss be granted, with 22 leave to amend, and the motion to strike be granted for the reasons set forth herein. 23 I. Background and Procedural History 24 On December 19, 2023, Plaintiff filed his complaint in California state court. ECF No. 1 25 at 1. …