Myers
Myers v. County of Fresno
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 NATHANIEL MYERS, Case No. 1:22-cv-00173-ADA-HBK Plaintiff, FINDINGS AND RECOMMENDATION TO
GRANT DEFENDANT’S MOTION TO
v. DISMISS WITH LEAVE TO AMEND1 COUNTY OF FRESNO, UNKNOWN (Doc. No. 6)
FRESNO COUNTY SHERIFF
OFFICERS and UNKNOWN FOURTEEN DAY OBJECTION PERIOD
DEFENDANTS,
16 Defendants. 17 Pending before the Court is Defendant County of Fresno’s motion to dismiss. (Doc. No. 6, “Motion”). Defendant seeks dismissal pursuant to Federal Rule of Civil Procedure 12(b)(6). (Id.). Plaintiff filed an Opposition (Doc. No. 8), and Defendant filed a Reply (Doc. No. 9). At the request of Plaintiff, the undersigned set the Motion for a hearing on January 5, 2023. (Doc. Nos. 18, 19). Plaintiff failed to appear at the January 5, 2023 hearing and Defendants submitted on the record. (Doc. No. 21`). For the reasons set forth below, the undersigned recommends that the district court grant Defendant’s Motion to Dismiss…