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 (“Defendant”), alleging violations of Plaintiff’s First and Fourteenth Amendment rights pursuant to 42 U.S.C. § 1983. Second Am. Compl., ECF No. 30 (“SAC”). Presently before the Court are Defendant’s Motion to Dismiss Plaintiff’s SAC pursuant to Federal Rule of Civil Procedure 12(b)(6),1 ECF No. 31, and Plaintiff’s Motion for Leave to Amend to File a Third Amended Complaint (“TAC”). ECF No. 34. For the reasons set forth below, Defendant’s Motion is DENIED, and Plaintiff’s Motion is GRANTED.2 /// 26 1 All further references to “Rule” or “Rules” are to the Federal Rules of Civil Procedure. 27 2 Because oral argument would not have been of material assistance, the Court ordered these matters…