McKinney v. Fresno County Sheriff's Office
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
8 MICHAEL GENE MCKINNEY, Case No. 1:22-cv-00475-ADA-EPG 9 Plaintiff, FINDINGS AND RECOMMENDATIONS TO DENY DEFENDANTS’ MOTION TO v. DISMISS 11 FRESNO COUNTY SHERIFF’S OFFICE, et (ECF Nos. 5, 19) al.,
OBJECTIONS, IF ANY, DUE WITHIN
Defendants. FOURTEEN DAYS
14 15 Plaintiff Michael Gene McKinney, proceeding pro se, filed a complaint on April 21, 2022, against Defendants Fresno County Sheriff’s Office, Fresno County Sheriff Margaret Mims, and Fresno County Sheriff’s Captain Ryan Hushaw. (ECF No. 1). Plaintiff alleges that Defendants denied him procedural due process when he applied for a California concealed carry license. Defendants move to dismiss this case with prejudice for failure to state a claim upon which relief can granted. For the reasons explained below, the Court will recommend that Defendants’ motion to dismiss be denied. I. BACKGROUND A. The Complaint The civil cover sheet attached to the complaint identifies this…