Leubner

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA

6

7 MILOS LEUBNER, Case No. 18-cv-05654-PJH 8 Plaintiff,

9 v. ORDER GRANTING DEFENDANTS’

MOTION TO DISMISS SECOND

10 COUNTY OF LAKE, et al., AMENDED COMPLAINT 11 Defendants. Re: Dkt. No. 41 12

13 Before the court is defendant County of Lake’s (“Lake County”), defendant Dennis 14 Keithly’s (“Keithly”), and defendant Michael Penhall’s (“Penhall”) (collectively, 15 “defendants”) motion to dismiss pro se plaintiff Milos Leubner’s (“plaintiff”) second 16 amended complaint (“Dkt. 38” or “SAC”). Dkt. 41. The matter is fully briefed and suitable 17 for decision without oral argument. Having read the parties’ papers and carefully 18 considered their arguments and the relevant legal authority, and good cause appearing, 19 the court GRANTS the motion for the following reasons. 20 BACKGROUND Plaintiff is a resident of Lake County, California. He and others who live at his 21 residence purportedly use marijuana for medicinal purposes. On…