McKinney v. Fresno County Sheriff's Office

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

MICHAEL GENE MCKINNEY, Case No. 1:22-cv-00475-ADA-EPG

Plaintiff, ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS TO DENY

v. DEFENDANTS’ MOTION TO DISMISS

FRESNO COUNTY SHERIFF’S OFFICE, et (ECF Nos. 5, 19, 22) al., 13 Defendants. 14 15 16 Plaintiff Michael Gene McKinney (“Plaintiff”), 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, alleging that Defendants denied him procedural due process when he applied for a California concealed carry license. (ECF No. 1.) This matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On December 20, 2022, the assigned United States Magistrate Judge issued findings and recommendations, recommending that Defendants’ motion to dismiss be denied. (ECF No. 22.) The findings and recommendations were served on the parties and contained notice that…