Mosley

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 5 JOE ELTON MOSLEY, Case No. 20-cv-06108-SI

Plaintiff, ORDER GRANTING DEFENDANTS' v. MOTION TO DISMISS

G. BOYD TARIN, et al., Re: Dkt. Nos. 17, 18, 22. Defendants.

11 Defendant’s Motion to Dismiss plaintiff’s complaint pursuant to Federal Rules of Civil Procedure 12(b)(1) and(b)(6) is scheduled for a hearing on January 8, 2020. Under Civil Local Rule 7-1(b), the Court determines that this matter is appropriate for resolution without oral argument and VACATES the January 8, 2020 hearing. For the reasons set forth below, the Court GRANTS defendants’ Motion to Dismiss pursuant to Rule 12(b)(1).1 17 BACKGROUND The following facts are drawn from plaintiff’s complaint and related court documents.2

21 1 Because the Court grants defendants’ Motion to Dismiss for lack of subject matter jurisdiction under 12(b)(1), the Court does not address defendants’ arguments regarding 12(b)(6) 22 and…