Nogales

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 JOSE NOGALES, Case No.: 19-CV-2485-LAB(WVG)

Plaintiff,

REPORT AND

v. RECOMMENDATION ON

DEFENDANT’S MOTION TO

XAVIER BECERRA,

DISMISS

Defendant. [Doc. No. 15.] 16 17 Plaintiff, a state prisoner, claims his exclusion from recent changes to California state prosecutors’ ability to charge 14- and 15-year-old defendants as adults violates his rights under the Equal Protection Clause of the Fourteenth Amendment. Through this 42 U.S.C. § 1983 action, he asks the Court to make this declaration and seeks the application of the statutory changes to himself and other excluded prisoners. As explained below, this Court RECOMMENDS that Defendant’s motion to dismiss be GRANTED-IN-PART and the Complaint be DISMISSED without leave to amend. I. BACKGROUND A. Complaint’s Allegations Plaintiff was 14 years old in 2007 when he was tried as an adult, convicted of two 28 …