Newsom

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 WILLIAM J. WHITSITT, No. 2:20-cv-00691-JAM-CKD PS Plaintiff, v. FINDINGS AND RECOMMENDATIONS GAVIN NEWSOM, et al., (ECF No. 8) Defendants. 16 Presently before the court is defendants, Governor Gavin Newsom and the state of California’s, motion to dismiss plaintiff’s complaint. (ECF No. 8.) Plaintiff has filed an opposition, and defendants have filed a reply. (ECF Nos. 9, 11.) At the hearing on this matter, defendants appeared through Jerry Tonwei Yen, and plaintiff, who represents himself pro se, did not appear. For the following reasons, the court recommends GRANTING defendants’ motion. On March 4, 2020, Governor Newsom issued a state-of-emergency order to respond to the COVID-19 pandemic. (ECF No. 8-2 at 4-8.) Subsequently, on March 19, 2020, the governor 24 1 District courts may take judicial notice of “a fact that is not subject to reasonable dispute 25 because it: (1) is generally known within the trial…