Gee

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 6 IRVIN VAN BUREN, Case No. 22-cv-01563-BLF

Plaintiff,

ORDER GRANTING MOTION TO

v. DISMISS

S. GEE, et al., Defendants.

12 Plaintiff Irvin Van Buren argues that his term of imprisonment violated his constitutional rights. Now before the Court is Defendants’ motion to dismiss the Second Amended Complaint under Federal Rule of Civil Procedure 12(b)(6). See ECF No. 41 (“MTD”); see also ECF No. 50 (“Reply”). Plaintiff opposes the motion. ECF No. 49 (“Opp.”). For the following reasons, Defendants’ motion to dismiss the Second Amended Complaint is GRANTED. I. BACKGROUND On September 19, 2022, Plaintiff filed the operative Second Amended Complaint. ECF No. 37 (“SAC”). As alleged in the SAC, Plaintiff was arrested on April 16, 1991. SAC at 6. He was later charged with first degree murder and conspiracy to commit first degree murder; second degree murder; conspiracy to…