(PS) McGuire v. Roseville Joint Union High School District

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DESIREE MCGUIRE, et al., Case No. 2:22-cv-00125-TLN-JDP (PS) Plaintiffs, FINDINGS AND RECOMMENDATIONS

THAT DEFENDANTS’ MOTION TO

v. DISMISS BE GRANTED ROSEVILLE JOINT UNION HIGH ECF No. 6 SCHOOL DISTRICT, et al., 15 Defendants.

17 Plaintiff Cadence DeVault was a student in the Roseville Joint Union High School District during the events in question; she and her mother, Desiree McGuire, proceed without counsel in this action under 42 U.S.C. § 1983. They claim that defendants violated their rights under the Fourteenth Amendment Due Process Clause and several California state laws by implementing and enforcing a regulation that required students to wear protective face coverings at school during certain portions of the COVID-19 pandemic. ECF No. 1. Defendants move to dismiss the complaint for failure to state a claim. ECF No. 6. I recommend that their motion be granted and that plaintiffs’ complaint be dismissed with leave to amend.…