Torres

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 AARON D. MCCOY, Case No. 1:19-cv-01023-NONE-JLT (PC)

Plaintiff, FINDINGS AND RECOMMENDATIONS

TO GRANT DEFENDANTS’ PARTIAL

v. MOTION TO DISMISS

D. TORRES, et al., (Doc. 28)

Defendants. 21-DAY DEADLINE

16 Before the Court is Defendants’ partial motion to dismiss Plaintiff’s complaint pursuant to Federal Rule of Civil Procedure 12(b)(6). (Doc. 28.) For the reasons set forth below, the Court recommends that the motion be granted. I. BACKGROUND Plaintiff’s operative claims are for excessive force and deliberate indifference to serious medical needs pursuant to 42 U.S.C. § 1983, and negligence and intentional infliction of emotional distress under state law. (Doc. 17; see also Docs. 11, 19.) Defendants filed their partial motion to dismiss on the grounds that Plaintiff failed to submit an administrative claim with the California Government Claims Board for his state-law claims. (Doc. 28.)…