Pinchback

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DEREK MATTHEWS, No. 2: 22-cv-01329 DJC KJN P Plaintiff, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

DEMITA PINCHBACK, et al., Defendants. 16 I. Introduction Plaintiff is a state prisoner, proceeding through counsel, with a civil rights action pursuant to 42 U.S.C. § 1983. Pending before the court is defendant Pinchback’s motion to dismiss on the grounds that plaintiff’s claims are barred by the statute of limitations. (ECF No. 20.) Defendant also argues that plaintiff’s state law claims should be dismissed for failing to comply with the California Tort Claims Act. (Id.) For the reasons stated herein, the undersigned recommends that defendant’s motion to dismiss plaintiff’s federal claims be granted and orders defendant’s motion to dismiss plaintiff’s state law claims granted with leave to amend. //// //// //// II. Legal Standard for Motion to Dismiss Defendant’s motion to dismiss…