Morales

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 MIGUEL MORALES, JR., No. 21-cv-00995-NODJ-CDB Plaintiff, v. ORDER

CITY OF MCFARLAND, et al.,

Defendants.

This matter is before the Court on the motion by Defendants City of McFarland and Officer Rivera to dismiss Plaintiff Miguel Morales Jr.’s First Amended Complaint under Federal Rule of Civil Procedure 12(b)(6). (Mot. to Dismiss, ECF No. 13.) Morales opposes the motion, (Opp’n, ECF No. 16), and Defendants have replied (Reply, ECF No. 17.) As explained below, the Court GRANTS the motion to dismiss with leave to amend.1 I. BACKGROUND In September 2020, Morales, a minor, was riding a dirt bike on city streets without a bike helmet when Officer Christopher Rivera attempted a traffic stop for 26 1 In the interests of justice and addressing the heavy civil caseloads in the Fresno courthouse, the undersigned resolves only the pending motion to dismiss (ECF No. 13). Upon resolution of this motion, unless or until…