Nielsen

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DAVOOD KHADEMI, No. 2:18-cv-2613 MCE KJN P Plaintiff, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

NIELSEN, et al., Defendants. 16 I. Introduction Plaintiff is proceeding without counsel. At the time he filed the instant action, plaintiff was a pretrial detainee in the custody of the Placer County Main Jail, but is now housed at the Atascadero State Hospital. This action proceeds on plaintiff’s third amended complaint filed March 4, 2019. Presently pending are motions to dismiss plaintiff’s third amended complaint under Rule 12(b)(6) of the Federal Rules of Civil Procedure filed by defendants Langes, Nielsen, and Jones (“moving defendants”). (ECF Nos. 50, 53.) Plaintiff filed oppositions; moving defendants filed replies. On July 26, 2019, plaintiff filed a fourth amended complaint. On August 12, 2019, moving defendants filed a motion to dismiss plaintiff’s fourth amended complaint, which is fully briefed. …