(PS) Mehl v. Green

Opinion

1 2 3 4 5 6 7 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 GAVIN MEHL, et al., Case No. 2:21-cv-01861-TLN-JDP (PS) 12 Plaintiffs, ORDER DISMISSING DEFENDANTS’ MOTION TO DISMISS WITHOUT 14 WARREN GREEN, et al., ECF No. 7 15 Defendants. 16 17 Defendants filed a motion to dismiss or to strike the complaint. ECF No. 7. Defendants 18 argue that the complaint does not plead sufficiently detailed or specific factual allegations and is, 19 therefore, defective for failing to articulate a plausible claim. See Ashcroft v. Iqbal, 556 U.S. 662 20 (2009). Plaintiffs have now filed an amended complaint. ECF No. 16. Without expressing any 21 view as to its merits, the court dismisses defendants’ motion to dismiss without prejudice. 22 Defendants are directed to either answer the new complaint or file a new motion, as appropriate. 23 IT IS SO ORDERED. 25 ( 1 Oy — Dated: _ December 8, 2021 Q_-——— 26 JEREMY D,. PETERSON UNITED STATES MAGISTRATE JUDGE