(PS) Allen v. City of Citrus Heights Police Dept.

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 CRAIG DOUGLAS ALLEN, No. 2:20–cv–1853–JAM–KJN PS Plaintiff, FINDINGS AND RECOMMENDATIONS ON

MOTION TO DISMISS

v. (ECF No. 29.) CITRUS HEIGHTS POLICE DEPT., et al., Defendants. 16 Currently pending before the undersigned1 is defendant Citrus Heights Police Department’s motion to dismiss under Rule2 12(b)(6) for failure to state a claim. (ECF No. 29.) The undersigned recommends Citrus Heights’s motion be granted, and leave to amend be denied. The Section 1983 and Penal Code claims against the Citrus Heights Police Department should be dismissed with prejudice, and the court should decline supplemental jurisdiction over the Records Act claim. Additionally, the undersigned recommends the claims against all unserved defendants be dismissed—with prejudice for any Section 1983 and criminal claims, and without prejudice for any state law claims. Alongside these dismissals, the district court should deny as moot any outstanding discovery…