(PC) Crain v. State of California
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 7 GARY CRAIN, Case No. 1:24-cv-00468-JLT-CDB (PC)
Plaintiff, ORDER GRANTING DEFENDANTS’
REQUESTS FOR JUDICIAL NOTICE
v. (Docs. 7-2, 11) STATE OF CALIFORNIA, et al.,
FINDINGS AND RECOMMENDATIONS
Defendants. TO GRANT IN PART DEFENDANTS’
MOTION TO DISMISS
13 (Doc. 7) 14 14-DAY OBJECTION DEADLINE 15 Pending before the Court is the motion of Defendants Officer A. Lwin and State of California (“Defendants”) to dismiss the operative first amended complaint (“FAC”) and requests for judicial notice in support thereof. (Docs. 7; 7-2; 11 at 11-13). On August 5, 2024, Plaintiff Gary Crain (“Plaintiff”) filed an opposition to the motion to dismiss and Defendants filed a reply on August 15, 2024. (Docs. 10, 11). I. BACKGROUND On November 30, 2023, Plaintiff, a former inmate who is proceeding with counsel, initiated this action with the filing of a complaint in the Superior Court of Kern County, Case No. BCV-23- 103996. (Doc. 1). The state…