Fowler

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 GEORGE G. CHOATE, Case No. 1:19-cv-00473-NONE-SKO (PC)

Plaintiff, FINDINGS AND RECOMMENDATIONS

TO GRANT DEFENDANT NAJM’S

v. MOTION TO DISMISS

P. FOWLER, et al., (Doc. 28)

Defendants. 14-DAY DEADLINE

ORDER DISCHARGING ORDER TO

SHOW CAUSE

17 (Doc. 29) 18 Plaintiff George G. Choate raises claims of excessive force against Defendants Fowler and Najm in his operative, first amended complaint. (Doc. 20; see also Doc. 22.) Before the Court is Defendant Najm’s motion to dismiss under Federal Rule of Civil Procedure 12(b)(6). (Doc. 28.) For the reasons set forth below, the Court recommends that the motion be granted and that Defendant Najm be dismissed from this action. I. BACKGROUND Defendant Najm (“Defendant”) filed his motion to dismiss on the grounds that Plaintiff’s first amended complaint (Doc. 20) fails to allege sufficient facts to state a cognizable…