(PS) Alcala v. Murphy

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JESSE ALCALA, et al., CASE NO: 2:19-cv-00969-KJM-CKD PS

Plaintiffs,

ORDER AND

v.

FINDINGS AND RECOMMENDATIONS

THERESA MURPHY, et al., (ECF Nos. 31, 32, 40, 44) Defendants. 16 Presently before the court are defendants’ two motions to dismiss. (ECF Nos, 31, 32.) Plaintiffs2 have filed oppositions and a request to amend their complaint, and defendants have filed replies. (ECF Nos. 37, 39, 40, 42, 43, 44.) For the reasons set forth below, the court recommends granting defendants’ motions and dismissing plaintiffs’ complaint without leave to amend. BACKGROUND Plaintiffs’ second amended complaint alleges that defendants violated the Fourth and Fourteenth Amendments when they removed plaintiffs’ child from plaintiffs’ custody and failed to provide plaintiffs’ child with adequate services. (ECF No. 12 at 4-6.) Following the removal, 26 1 Defendants Brenda Ceballos and Sutter County filed the first motion to dismiss (ECF No. 31) and…