(PS) Mehl v. Green ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 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 13 V. PREJUDICE 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 28