Lester

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ALEXANDER RODARTE, No. 2:24-cv-3430-DJC-CKD (PS) 12 Plaintiff, 13 v. FINDINGS AND RECOMMENDATIONS 14 KATHERINE LESTER, 15 Defendant. 16

17 18 Pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure, defendant Katherine 19 Lester (“defendant” or “Chief Lester”) moves to dismiss plaintiff’s complaint. This matter is 20 before the undersigned pursuant to 28 U.S.C. § 636(b)(1) and Local Rule 302(c)(21). For the 21 reasons set forth below, the complaint fails to state a claim and this case should be dismissed. 22 I. Background 23 Plaintiff Alexander Rodarte filed this action in the Sacramento County Superior Court and 24 defendant removed it to this court on December 10, 2024. (ECF No. 1.) Plaintiff alleges he was 25 picked up by police in December of 2020, and, while in the patrol car, the officer was stating “I 26 DON’T WANT TO GO TO JAIL THAT I MIGHT GET RAPPED WHILE IM SLEEPING 27 [sic].” (Id.) The officer was talking to plaintiff and “had…