Mosteiro

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 CHRISTAL MOSTEIRO, No. 2:19-cv-00593-MCE-DB Plaintiff, v. MEMORANDUM AND ORDER ZACHARY SIMMONS, Defendant. 16 Plaintiff Christal Mosteiro (“Plaintiff”) initiated this civil rights action against Defendant Sheriff’s Deputy Zachary Simmons (“Simmons”),1 alleging violations of Plaintiff’s First and Fourteenth Amendment rights pursuant to 42 U.S.C. § 1983. First Amended Compl., ECF No. 11 (“FAC”). Presently before the Court is Simmons’ Motion to Dismiss Plaintiff’s FAC pursuant to Federal Rule of Civil Procedure 12(b)(6). Mot. Dismiss, ECF No. 25. For the reasons set forth below, Simmons’ Motion is GRANTED.3 /// ///

25 1 Defendants San Joaquin County and Sheriff Steve Moore were previously dismissed. See ECF No. 17.

2 All further references to “Rule” or “Rules” are to the Federal Rules of Civil Procedure.

3 Because oral argument would not have been of material assistance, the Court ordered this matter submitted on the…