Moreno
Moreno v. Macomber
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 JOSE MORENO, Case No. 23-cv-00407-WHO (PR)
Plaintiff, ORDER GRANTING
DEFENDANT’S MOTION FOR
v. JUDGMENT ON THE PLEADINGS;
JEFF MACOMBER, et al., ORDER OF DISMISSAL Defendants. Dkt. No.
12 INTRODUCTION Plaintiff Jose Moreno alleges in this 42 U.S.C. § 1983 action that his parole officer, defendant Anthony Gutierrez, violated his due process and First Amendment rights when he arrested or cited Moreno for violating his parole conditions. Gutierrez has filed a motion under Rule 12(c) for judgment on the pleadings that I will GRANT. Moreno was released six days after his arrest for an admitted parole violation and no action was taken to revoke his parole: no procedural due process violation occurred. And there are no allegations to support the First Amendment retaliation claim: after Gutierrez learned of another parole violation to which Moreno…