Toscano

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 ADRIAN TOSCANO, Case No.: 22-cv-0321-CAB-BGS

CDCR #V-19411,

REPORT AND RECOMMENDATION

Plaintiff, REGARDING DEFENDANT’S v. MOTION TO DISMISS PLAINTIFF’S

FIRST AMENDED COMPLAINT

SERGEANT RAMOS,

[ECF NO. 20] Defendant.

17 Presently before the Court is a Motion to Dismiss Plaintiff’s First Amended 18 Complaint filed by Defendant Sergeant M. Ramos on May 18, 2023, pursuant to Federal 19 Rule of Civil Procedure 12(b)(6). (ECF No. 20.) On June 12, 2023, Plaintiff Adrian 20 Toscano filed an opposition to the motion. (ECF No. 22.)1 On June 22, 2023, Defendant 21 filed a reply. (ECF No. 23.) On July 10, 2023, Plaintiff filed a brief captioned as a “Reply 22

24 1 Plaintiff’s opposition is captioned as “Plaintiff’s Reply Notice of Motion and Motion to Grant Plaintiff’s First Amended Complaint” (ECF No. 22 at 1), leading the Clerk of 26 Court to docket the filing as a separate motion. (See Docket.) Based on the…