Choates

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

SAN JOSE DIVISION

JAVIS ANTHONY JR., Case No. 19-CV-08303-LHK

Plaintiff,

ORDER GRANTING DEFENDANTS’

MOTION TO DISMISS WITH LEAVE

v.

TO AMEND

COUNTY OF SANTA CLARA, et al., Defendants. 17 Before the Court is Defendants County of Santa Clara, Ezra Hunter, Cindy Chavez, and Sheriff Laurie Smith’s (collectively, “Defendants”) motion to dismiss Plaintiff Javis Anthony Jr.’s (“Plaintiff”) third amended complaint. ECF No. 49 (“Mot.”). Having considered the parties’ submissions, the relevant law, and the record in this case, the Court GRANTS Defendants’ motion to dismiss with leave to amend. I. BACKGROUND A. Factual Background

1 Defendants’ motion to dismiss contains a notice of motion paginated separately from the memorandum of points and authorities in support of the motion. ECF No. 54, at 1. Civil Local Rule 7-2(b) provides that the notice of motion and points and authorities must be contained in one document with the same…