Bernhard

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 LLOYD THOMAS BERNARD, II; No. 2:21-cv-0172 TLN DB PS

STEPHANIE CELESTE TEJADA-

12 OTERO, 13 Plaintiffs, ORDER 14 v. 15 COUNTY OF SAN JOAQUIN, et al., 16 Defendants. 17 18 Plaintiffs Lloyd Thomas Bernard and Stephanie Celeste Tejada-Otero are proceeding in 19 this action pro se. This matter was referred to the undersigned in accordance with Local Rule 20 302(c)(21) and 28 U.S.C. § 636(b)(1). Pending before the undersigned are defendants’ motions 21 to dismiss pursuant to Rule 12(b)(5) and 12(b)(6) of the Federal Rules of Civil Procedure. (ECF 22 Nos. 13 & 16.) For the reasons stated below, defendants’ motions to dismiss are granted and 23 plaintiffs are granted leave to file an amended complaint and to properly serve the defendants. 24 BACKGROUND 25 Plaintiffs, proceeding pro se, commenced this action on January 28, 2021, by filing a 26 complaint and paying the applicable filing fee. (ECF No. 1.) The complaint alleges that 27 defendants San…