(PC) Brock v. Tuolumne County Sheriffs

Good Law
United States District Court, Eastern District of CaliforniaMay 15, 20201:17-cv-01610California2,484 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

DAVID LEE BROCK, CASE NO. 1:17-cv-01610-NONE JLT (PC)

Plaintiff, FINDINGS AND RECOMMENDATIONS v. TO GRANT DEFENDANTS’ MOTION TO DISMISS AND GRANT PLAINTIFF

TUOLUMNE COUNTY SHERIFF’S LEAVE TO FILE FOURTH AMENDED

OFFICE, et al., COMPLAINT (Doc. 44) Defendants.

FOURTEEN-DAY DEADLINE

16 This matter is before the Court on defendants’ motion to dismiss the complaint pursuant to Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim. (Doc. 44.) Plaintiff opposes the motion. For the reasons set forth below, the Court will recommend that defendants’ motion to dismiss be granted and that plaintiff be granted leave to file an amended complaint. I. Plaintiff’s Allegations In the Third Amended Complaint, plaintiff brings this suit against Tuolumne County Jail Deputy A. Smith, Sergeant Ransom, Deputy Stallings, Deputy Hurtado, Deputy Long, Deputy 24 …

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