Herrera

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 || GRISELDA HERRERA, Case No.: 24-cv-01409-AJB-LR Plaintiff,

ORDER GRANTING IN PART AND

13 || v. DENYING IN PART DEFENDANTS’ MOTION TO DISMISS UNITED STATES OF AMERICA, et al., Defendants.|_ (Doc. No. 12)

Before the Court is Defendants United States of America and the Drug Enforcement 19 || Agency’s (the “DEA”) (collectively “Defendants”’) motion to dismiss Plaintiff Griselda 20 || Herrera’s (“Plaintiff’) complaint pursuant to Rules 12(b)(1), 12(b)(5), and 4(m) of the 21 || Federal Rules of Civil Procedure. (Doc. No. 12.) For the reasons set forth below, the Court ||GRANTS in part and DENIES in part Defendants’ motion to dismiss. I. BACKGROUND Plaintiff brings this civil action, alleging claims against Defendants! for: excessive force in violation of the Fourth Amendment against all Defendants; (2) failure 26 In…