(PC) Jercich v. California Department of Corrections and Rehabilitation

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

GEORGE SHELDON JERCICH, Case No. 1:18-cv-00032-LJO-EPG-PC

Plaintiff, FINDINGS AND RECOMMENDATION TO

GRANT DEFENDANT SMITH’S MOTION

v. TO DISMISS, DISMISS THE FOURTH

AMENDED COMPLAINT WITH

CALIFORNIA DEPARTMENT OF PREJUDICE, AND DENY PLAINTIFF’S

CORRECTIONS AND REHABILITATION, MOTION FOR RECONSIDERATION

et al., (ECF Nos. 56, 57) Defendants.

OBJECTIONS, IF ANY, DUE WITHIN

TWENTY-ONE DAYS

18 George Sheldon Jercich (“Plaintiff”) is a former state prisoner proceeding pro se with this civil rights action pursuant to 42 U.S.C. § 1983. This case now proceeds on Plaintiff’s Fourth Amended Complaint. (ECF No. 45). Before the Court are Defendant Smith’s motion to dismiss and Plaintiff’s motion for reconsideration. (ECF Nos. 56, 57). For the reasons described below, the undersigned will recommend that the motion to dismiss be granted and the motion for reconsideration be denied. I. BACKGROUND Plaintiff filed the…