Bucato

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 LUCIOUS WILSON, Case No. 1:23-cv-00023-HBK (PC) Plaintiff, ORDER DENYING DEFENDANTS’

MOTION TO DISMISS WITHOUT

v. PREJUDICE1 BUCATO, J. FLORES, and C. (Doc. No. 15)

HUCKLEBERRY,

ORDER REFERRING CASE TO EARLY Defendants ADR AND STAYING CASE

OPT OUT DATE: FEBRUARY 9, 2024

18 19 Pending before the Court is Defendants Bucato, Flores, and Huckleberry’s Motion to Dismiss, filed on August 16, 2023. (Doc. No. 15, “Motion”). Defendants seek dismissal of Plaintiff’s Complaint pursuant to Federal Rule of Civil Procedure 12(b)(6). (Id.). Plaintiff filed an Opposition (Doc. No. 19), and Defendants filed a Reply (Doc. No. 20). For the reasons set forth below, the undersigned denies Defendants’ Motion to Dismiss without prejudice. //// 26 1 This motion was referred by the district court pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302(a). Denial of a motion to dismiss…