*1 IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA MARCO HEYWARD, Case No. 17-cv-02890-CRB Plaintiff, ORDER GRANTING MOTION TO DISMISS [DKT. 22] AND DISMISSING WITHOUT LEAVE TO AMEND v. CALIFORNIA HIGHWAY PATROL, et al., Defendants. On April 12, 2017, Plaintiff Marco Heyward (“Heyward”) filed suit in Alameda County Superior Court against Defendants California Highway Patrol (“CHP”) and Officer Garrett Hyer. See Compl. (dkt. 1). Heyward brings claims under 42 U.S.C. § 1983 for violations of the Due Process Clause of the Fourteenth Amendment, the Equal Protection Clause of the Fourteenth Amendment, and the Sixth Amendment. Id. at 4–9. He also brings a claim under Cal. Penal Code § 118. Id.
On May 19, 2017, the CHP removed the action to this Court. See Not. of Removal (dkt. 1). This Court granted CHP’s motion for judgment on the pleadings under Federal Rule of Civil Procedure 12(c) on Aug. 18, 2017, reasoning that Heyward could not make out a § 1983 claim against CHP because it is a state agency. See dkt. 17. Officer Hyer now moves to dismiss Heyward’s complaint for failure to state a claim under Federal Rule of Civil Procedure 12(b)(6).
Heyward’s claim arises out of a citation for a moving violation issued by Officer Hyer. Hyer argues that Heyward cannot maintain an action for damages resulting from the citation because the judge at the citation hearing found Heyward guilty of the moving