Peyton

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 7 MATTHEW PEYTON, Case No. 5:19-cv-05871-EJD

Plaintiff, ORDER GRANTING IN PART AND

DENYING IN PART MOTION TO

v. DISMISS

LAURIE SMITH, et al., Re: Dkt. No. 17 Defendants.

13 Plaintiff Matthew Peyton brings this action against Defendants Laurie Smith, Daniel Rodriguez, Thea Lera, Jose Cardoza, Julian Quinonez, and Does 1-10 asserting one claim for violation of his First Amendment rights under 42 U.S.C. § 1983. Compl., Dkt. No. 1. Defendants now move to dismiss all claims under Federal Rule of Civil Procedure 12(b)(6). The Court finds the motion appropriate for decision without oral argument pursuant to Civil Local Rule 7-1(b). Having considered the parties’ written submissions, the Court GRANTS IN PART and DENIES IN PART the motion to dismiss with leave to amend. I. BACKGROUND A. Factual Background At the time of the filing of the complaint, Peyton was a…