(PC) Vernon v. Metropolitan Life Ins. Co.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JIMMY LEE VERNON, JR., No. 2:23-cv-01829 DJC AC PS Plaintiff, v. FINDINGS AND RECOMMENDATIONS METROPOLITAN LIFE INSURANCE
COMPANY; KAITLYN CRAWFORD;
BRENDA KOLOGY; JOHN ANDJANE
DOES 1-5,
16 Defendants.
18 Plaintiff is a state prisoner proceeding in this matter pro se, and pre-trial proceedings are accordingly referred to the undersigned pursuant to Local Rule 302(c)(21). The operative first amended complaint is located at ECF No. 9. Defendants move to dismiss the case. ECF No. 18. Plaintiff opposed the motion. ECF No. 23. Defendants filed a reply that was improperly noticed as a motion. ECF No. 24. Plaintiff submitted a second opposition (ECF No. 25), which defendants objected to as an improper surreply (ECF No. 26). In the interest of fairness and judicial efficiency, the court has considered all the briefing. For the reasons explained below, the undersigned recommends that defendants’ motion to dismiss be GRANTED, but that…