McBrien

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DYLAN J. TUCKER, et al., No. 2:23-cv-00526 DAD CKD (PS) Plaintiffs, v. FINDINGS AND RECOMMENDATIONS PETER McBRIEN, et al., Defendants.

17 Plaintiff Dylan J. Tucker proceeds without counsel and seeks relief under 42 U.S.C. § 1983. (ECF No. 1.) Pursuant to Local Rule 302(c)(21), this matter is before the undersigned for the purpose of these findings and recommendations to the assigned district judge. See 28 U.S.C. § 636(b)(1).1 Two motions to dismiss filed by the defendants are before the court. (ECF Nos. 9, 10.) These matters are appropriate for decision without oral argument. See Local Rule 302(g). For the reasons set forth below, the undersigned concludes that the complaint fails to state a claim and should be dismissed without leave to amend. 26 1 The Honorable Dale A. Drozd is still the presiding judge. Pursuant to Local Rule 302(c)(21) and 28 U.S.C. § 636(b)(1), plaintiff’s objection to a magistrate judge hearing this…