(PS) Osborne v. Tracy Police Dept
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MICHELLE OSBORNE, No. 2:20-cv-1805-JAM-KJN PS Plaintiff, FINDINGS AND RECOMMENDATIONS ON
DEFENDANTS’ MOTION TO DISMISS AND
v. PLAINTIFF’S IFP APPLICATION TRACY POLICE DEPARTMENT, et al., (ECF Nos. 9, 12.) Defendants. 16 Plaintiff, who is proceeding without counsel in this action, alleges multiple causes of action against numerous officers of the Tracy Police Department. (ECF No. 8.) Currently before the court are: (I) plaintiff’s motion to proceed in forma pauperis (“IFP”) (ECF No. 9); and (II) defendants’ motion to dismiss (ECF No. 12.). The court now recommends:
(I) Plaintiff’s motion to proceed IFP should be denied; and (II) Regarding defendants’ motion to dismiss: 22 (A) plaintiff’s Section 1983 claims should be dismissed because plaintiff has failed to assert plausible facts to state any claims, but leave to amend be granted on her claims against individual officers;…