Rose

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 9 NICKOLAS G. ROSE,

Plaintiff, No. 2:21-cv-02214-TLN-CKD v.

CITY OF SUISUN CITY, AMTRAK, and ORDER

DOES 1 TO 10,

14 Defendants.

16 This matter is before the Court on Defendant1 City of Suisun’s (“Defendant”) Motion to Dismiss. (ECF No. 3-1.) Plaintiff Nickolas G. Rose (“Plaintiff”) opposed the motion. (ECF No. 12.) Defendant replied. (ECF No. 14.) For the reasons set forth below, the Defendant’s Motion to Dismiss is GRANTED. /// /// /// /// /// ///

Amtrak is also named as a Defendant in this matter, but does not join the instant motion. I. FACTUAL AND PROCEDURAL BACKGROUND In the present case, Plaintiff seeks relief from Defendant for injuries sustained at an Amtrak station. (ECF No. 1 at 9.) Plaintiff was struck by a vehicle while standing on the Amtrak platform. (Id.) He alleges a lack of barriers or guardrails allowed the driver to hit him. (Id.) On September 3, 2021, Plaintiff brought the instant action against…