Andrew Thomas Rodriguez v. Sacramento Police Department

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ANDREW THOMAS RODRIGUEZ, Case No. 2:25-cv-1309-DAD-CSK 12 Plaintiff, FINDINGS AND RECOMMENDATIONS

ON DEFENDANT’S MOTION TO DISMISS

13 v. AND SUA SPONTE DISMISSAL FOR

FAILURE TO PROSECUTE

14 SACRAMENTO POLICE DEPARTMENT, (ECF No. 8) 15 Defendant. 16

17 18 Plaintiff Andrew Thomas Rodriguez, proceeding without the aid of counsel, filed 19 this action in Sacramento County Superior Court on April 3, 2025.1 Compl. (ECF No. 1 at 20 6-18). On May 7, 2025, Defendant Sacramento Police Department removed this action 21 to this Court. Removal (ECF No. 1 at 1-5). On May 14, 2025, Defendant filed the 22 pending motion to dismiss and noticed it for a hearing on June 17, 2025. Def. Mot. (ECF 23 No. 8). That same day, Defendant re-noticed the motion for hearing on June 24, 2025. 24 (ECF No. 9.) On June 5, 2025, the Court issued an order vacating the hearing due to 25 Plaintiff’s failure to file an opposition or statement of non-opposition to Defendant’s 26 motion to…