(PC) Brock v. Tuolumne County Sheriffs

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

DAVID LEE BROCK, CASE NO. 1:17-cv-01610-NONE JLT (PC)

Plaintiff, FINDINGS AND RECOMMENDATIONS

TO GRANT IN PART DEFENDANTS’

v. MOTION TO DISMISS AND MOTION TO TUOLUMNE COUNTY SHERIFF’S S (DT oR cI . K 56E ) OFFICE, et al., FOURTEEN-DAY DEADLINE

Defendants.

17 This matter is before the Court on Defendants’ June 29, 2020, motion to dismiss the 18 Fourth Amended Complaint pursuant to Federal Rule of Civil Procedure 12(b)(6) for failure to 19 state a claim and motion to strike pursuant to Federal Rule of Civil Procedure 12(f). (Doc. 56.) 20 Plaintiff has filed an opposition. For the reasons set forth below, the Court will recommend that 21 Defendants’ motion to dismiss and motion to strike be granted in part.1

I. Plaintiff’s Allegations

23 Plaintiff brings this action against Tuolumne County Jail Deputy A. Smith, Sergeant 24 Ransom, Sergeant McNeil, and John Doe (who may be either Deputy Stallings, Deputy Hurtado,…