Holston

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 PETER STROJNIK, SR., No. 2:19-cv-002043 JAM AC PS Plaintiff, v. FINDINGS AND RECOMMENDATIONS WICKSTROM HOSPITALILTY, LLC, Defendant. 16 Plaintiff is proceeding in this action pro se and has paid the filing fee. ECF No. 1. The action is referred to the undersigned for pretrial proceedings by E.D. Cal. R. (“Local Rule”) 302(c)(21). Defendant Wickstrom Hospitality, d/b/a Amber House Inn of Midtown (“Amber House” or “Hotel”) moved to dismiss plaintiff’s complaint in late 2019. ECF No. 5. The undersigned recommended that the motion be granted, and the complaint be dismissed with leave to amend. ECF No. 12. The recommendations were adopted in full. ECF No. 18. Plaintiff timely filed a First Amended Complaint (“FAC”). ECF No. 19. Defendant moved to dismiss the FAC for lack of subject matter jurisdiction and failure to state a claim. ECF No. 20. The matter was taken under submission. ECF No. 21. For the reasons set…