(PS) Garcia v. CA Dept. of Public Health

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 HECTOR GARCIA, No. 2:20-cv-1309 KJM DB PS Plaintiff, v. FINDINGS AND RECOMMENDATIONS CALIFORNIA DEPARTMENT OF

PUBLIC HEALTH, STATE OF

CALIFORNIA, Defendants. 17 Plaintiff Hector Garcia is proceeding in this action pro se. This matter was, therefore, referred to the undersigned in accordance with Local Rule 302(c)(21) and 28 U.S.C. § 636(b)(1). Pending before the undersigned is defendant California Department of Public Health’s partial motion to dismiss plaintiff’s amended complaint pursuant to Rule 12(b)(1) of the Federal Rules of Civil Procedure. (ECF No. 10.) For the reasons stated below, the undersigned recommends that defendant’s motion to dismiss be granted and plaintiff’s amended complaint be dismissed without further leave to amend. BACKGROUND Plaintiff, proceeding pro se, commenced this action on July 1, 2020, by filing a complaint and paying the applicable filing…