Lester

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ALEXANDER RODARTE, No. 2:24-cv-3430-DJC-CKD (PS) Plaintiff, v. FINDINGS AND RECOMMENDATIONS KATHERINE LESTER, Defendant.

17 Pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure, defendant Katherine Lester (“defendant” or “Chief Lester”) moves to dismiss plaintiff’s complaint. This matter is before the undersigned pursuant to 28 U.S.C. § 636(b)(1) and Local Rule 302(c)(21). For the reasons set forth below, the complaint fails to state a claim and this case should be dismissed. I. Background Plaintiff Alexander Rodarte filed this action in the Sacramento County Superior Court and defendant removed it to this court on December 10, 2024. (ECF No. 1.) Plaintiff alleges he was picked up by police in December of 2020, and, while in the patrol car, the officer was stating “I DON’T WANT TO GO TO JAIL THAT I MIGHT GET RAPPED WHILE IM SLEEPING [sic].” (Id.) The officer was talking to plaintiff and “had…