(PS) Toepfer v. City of Vallejo

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ROBERT TOEPFER, et al., Case No. 2:24-cv-02366-KJM-CSK 12 Plaintiffs, FINDINGS AND RECOMMENDATIONS

TO DISMISS FOR FAILURE TO

13 v. PROSECUTE 14 CITY OF VALLEJO, et al., 15 Defendants. 16 17 Plaintiffs Robert Toepfer, Shawn O’Malley, Joan Alford, James Nelson, Pam 18 Nelson, Cassandra Salinas, and Michael L. Mardell, proceeding without counsel, filed 19 this action on August 30, 2024.1 (ECF No. 1.) On October 7, 2024, the undersigned 20 issued Findings and Recommendations to deny Plaintiffs’ Motion for Temporary 21 Restraining Order and Preliminary Injunction (ECF No. 3) and dismissing Plaintiff’s 22 Complaint (ECF No. 1) without prejudice. (ECF No. 22.) On December 6, 2024, the 23 District Judge adopted the Findings and Recommendations in full, denying Plaintiffs’ 24 Motion for Temporary Restraining Order and Preliminary Injunction and dismissing 25 Plaintiffs’ Complaint with leave to amend, and directing Plaintiffs to file an amended 26 complaint within…