What is the effect of a motion to dismiss plaintiff's Fourth Amendment claims?

Defendants assert plaintiff "has failed to plead any violation of his Fourth Amendment rights under the U.S. Constitution" in his second, third or fourth claims because he has not alleged facts showing an unconstitutional search or seizure. Mot. at 27. Plaintiff admits "Defendant[s] may be correct as to the [F]ourth [A]mendment," but asserts he intended to bring his claims under the Fifth Amendment instead of the Fourth Amendment. Opp'n at 9. Plaintiff further moves for leave to further amend to state Fifth Amendment claims instead of Fourth Amendment claims. Id. The court interprets plaintiff's request to amend as a concession of his Fourth Amendment claims. See Nastic v. County of San Joaquin, No. 2:11-CV-02521-JAM-GGH, 2012 WL 1980944, at *4 (E.D. Cal. June 1, 2012) (dismissing plaintiffs' 1983 claim when they did not respond to defendants' arguments in their opposition and instead requested leave to amend). Therefore, the court GRANTS defendants' motion to dismiss plaintiff's Fourth Amendment claims as alleged in his second, third and fourth claims.

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2. Leave to Amend