Strojnik

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 PETER STROJNIK, SR., No. 1:19-cv-1098-NONE-JLT Plaintiffs, v. ORDER ADOPTING IN FULL THE

FINDINGS AND RECOMMENDATIONS

BAKERSFIELD CONVENTION HOTEL I, GRANTING DEFENDANT’S MOTION TO

LLC, DISMISS AND DISMISSING THE

ACTION WITHOUT PREJUDICE FOR Defendant. LACK OF JURISDICTION 16 (Doc. Nos. 21, 39) 17 18 Peter Strojnik, Sr., asserts he is a person with a disability within the meaning of the Americans with Disabilities Act and that he encountered barriers at the Bakersfield Marriot Hotel. (See Doc. No. 20) Defendant moved for dismissal of the First Amended Complaint. (Doc. No. 21.) The magistrate judge determined plaintiff had failed to allege facts sufficient to support a conclusion that he suffered an injury-in-fact as a result of the alleged barriers due to his asserted disabilities, and that he failed to establish standing under Article III. Therefore, the magistrate 25 …