Krause

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JEROME SPRAGUE, et al., No. 2:19-cv-2026-KJM-EFB PS Plaintiffs, v. FINDINGS AND RECOMMENDATIONS JUSTICE PETER A. KRAUSE, et al., Defendants. 16 This case is before the court on defendants’ motion to dismiss plaintiff’s complaint for lack of subject matter jurisdiction and failure to state a claim pursuant to Federal Rules of Civil Procedure (Rule”) 12(b)(1) and 12(b)(6). ECF No. 4. Plaintiff Jerome Sprague has also filed a “Request for New Court,” which appears to be a motion seeking recusal of the assigned district judge. ECF No. 10. For the following reasons, it is recommended plaintiff’s motion for recusal be denied and defendants’ motion to dismiss be granted.2 ///// /////

This case, in which plaintiff is proceeding pro se, is before the undersigned pursuant to Eastern District of California Local Rule 302(c)(21). See 28 U.S.C. § 636(b)(1).

Because the court determined that oral argument would…