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UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 SEAN M. MARTIN, Case No. 2:20-cv-00855-JAM-JDP (PS) Plaintiff, FINDINGS AND RECOMMENDATIONS

THAT DEFENDANT’S MOTION TO

v. DISMISS BE GRANTED IN PART AND

DENIED IN PART

JEREMY HEMBREE, ECF No. 14 Defendant. 16 Plaintiff brings this action in relation to his arrest on December 3, 2018 in Woodland, California, where he took photos and videos of officers posting eviction notices at a homeless camp. Defendant moves to dismiss this case for lack of jurisdiction, failure to state a claim, and qualified immunity. ECF No. 14. Plaintiff opposes the motion in part, conceding that his state law false arrest claim should be dismissed but defending his First Amendment retaliation claim, Fourth Amendment false arrest and unreasonable search claim, and Fourteenth Amendment failure-to-protect claim. ECF No. 20. As the parties agree that plaintiff’s state law claim is barred by the statute of regulations, I will recommend…