Linder

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 EL CAM BEY; NOBLE BERNIS EARL No. 2:19-cv-1745 TLN DB PS McGILL EL-BEY, 12 Plaintiff, ORDER AND

FINDINGS AND RECOMMENDATIONS

v. DONNA LINDER; KRISTEN DePAUL; and CITY OF MODESTO, 16 Defendants. 18 Plaintiff El Cam Bey is proceeding in this action pro se. This matter was, therefore, referred to the undersigned in accordance with Local Rule 302(c)(21) and 28 U.S.C. § 636(b)(1). Pending before the undersigned is defendants Donna Linder and Kristen DePaul’s motion to dismiss pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. (ECF No. 17.) For the reasons stated below, the undersigned will recommend that defendants’ motion to dismiss be granted. BACKGROUND Plaintiff, proceeding pro se, commenced this action on September 4, 2019, by filing a complaint and motion to proceed in forma pauperis. (ECF Nos. 1 & 2.) However, on October 1, 2019, plaintiff paid the applicable filing fee. On October 23,…