Clayborne

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MELVIN DEVAN DANIEL, No. 2:22–cv–1350–DJC–KJN PS Plaintiff, FINDINGS AND RECOMMENDATIONS TO

DISMISS

v. (ECF Nos. 26, 28, 31.) ROBERT CLAYBORNE, Defendant. 16 Pending before the court is defendant Robert Clayborne’s motion to dismiss the claims in the first amended complaint brought by plaintiff, who proceeds without counsel in this action.1 (ECF No. 26.) Plaintiff opposes dismissal and requests a subpoena for an unspecified set of documents. (ECF No. 28.) Plaintiff also requests additional time to submit opposition, despite already having submitted an opposition brief. (ECF No. 31.) For the reasons that follow, defendant’s motion to dismiss should be GRANTED; plaintiff’s motion for discovery and motion to submit a surreply should be DENIED; and this case should be CLOSED. /// /// 27 1 Actions where a party proceeds without counsel are referred to a magistrate judge pursuant to E.D. Cal. L.R. 302(c)(21). See 28 U.S.C. §…