(PS) Gamino v. All West Coachlines, Inc.

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 BRANDON MICHAEL GAMINO, No. 2:23-cv-01665 TLN AC (PS) Plaintiff, v. FINDINGS AND RECOMMENDATIONS ALL WEST COACH LINES, INC., Defendant. 16 Plaintiff is proceeding in this matter pro se, and pre-trial proceedings are accordingly referred to the undersigned pursuant to Local Rule 302(c)(21). ECF No. 1. The sole defendant, All West Coach Lines, Inc., has moved to dismiss this case. ECF No. 8. Defendant filed a statement in response. ECF No. 11. For the reasons set forth below, the undersigned recommends the that the motion be granted and that this case be dismissed, but that plaintiff be given an opportunity to file an amended complaint. I. Background A. The Complaint Plaintiff filed this case on August 10, 2023 alleging that he was a passenger on an Amtrak/All West Coach Lines Bus and while he was on the freeway the overhead luggage door broke off the hinges and landed on…