(PS) Auten v. County of Calaveras

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 9 DONALD AUTEN, No. 1:20-cv-00329-NONE-EPG (PS) Plaintiff, FINDINGS AND RECOMMENDATIONS,

RECOMMENDING GRANTING

v. DEFENDANT’S MOTION TO DISMISS AND

GRANTING LEAVE TO AMEND

COUNTY OF CALAVERAS, (ECF No. 19) Defendant. 15 Plaintiff Donald Auten (“Plaintiff”), proceeding pro se and in forma pauperis, filed the complaint commencing this action under the Americans with Disabilities Act on August 28, 2019, and a First Amended Complaint (“FAC”) on December 2, 2019. (ECF Nos. 1 & 6). On March 18, 2020, Defendant County of Calaveras (“Defendant”) filed a motion to dismiss or for a more definite statement (the “Motion”). (ECF No. 19). The assigned district judge referred the Motion to the undersigned on November 30, 2020. (ECF No. 27). For the reasons that follow, the Court recommends granting the Motion, dismissing the FAC, and granting leave to file a second amended complaint. I. SUMMARY OF ALLEGATIONS A. …