Vadim Stanley Miesegaes v. Cliff Allenby et al

Filing 107

ORDER ACCEPTING REPORT AND RECOMMENDATIONS by Judge Cormac J. Carney for NOTICE OF MOTION AND MOTION to Dismiss Fifth Amended Complaint 93 , Report and Recommendation (Issued) 106 . IT IS ORDERED that: (1) Defendants' Motion to Dismiss is GRANTED IN PART; (2) Defendants' Motion to Dismiss is DENIED IN PART as to the remaining claims; (3) Defendants Black and Purcell shall file an Answer in their individual capacities to Plaintiff's substantive due process claim based on th e 2011 attacks within 14 days of the date of this Order; and (4) Defendant Allenby shall file an Answer in his official capacity to Plaintiff's equal protection claim within 14 days of the date of this Order. (see document for further details) (hr)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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VADIM STANLEY MIESEGAES,
Plaintiff,

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Case No. CV 15-01574 CJC (RAO)

v.
CLIFF ALLENBY, et al.,
Defendants.

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ORDER ACCEPTING FINDINGS,
CONCLUSIONS, AND
RECOMMENDATION OF UNITED
STATES MAGISTRATE JUDGE

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Pursuant to 28 U.S.C. § 636, the Court has reviewed Plaintiff’s Fifth

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Amended Complaint (“5AC”), the Motion to Dismiss the 5AC filed by Defendants

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Black, Purcell, Brown, and Allenby (collectively, “Defendants”), the Amended

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Interim Report and Recommendation of the United States Magistrate Judge

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(“Amended Interim Report”), and all other records and files herein. The time for

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filing objections to the Amended Interim Report has passed, and no objections have

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been filed. The Court hereby accepts and adopts the findings, conclusions, and

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recommendations of the Magistrate Judge.

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IT IS ORDERED that:

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(1) Defendants’ Motion to Dismiss is GRANTED IN PART, and:

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///

(a)

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Plaintiff’s substantive due process claim against Defendants

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Black and Purcell based on the 2012 attacks is dismissed with

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prejudice and without leave to amend;
(b)

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Plaintiff’s official capacity claims against Defendants Black and

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Purcell are dismissed with prejudice and without leave to

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amend;
(c)

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Plaintiff’s equal protection claim against Defendant Brown is
dismissed with prejudice and without leave to amend; and

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(d)

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Plaintiff’s substantive due process claim against Defendants

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Brown and Allenby is dismissed without prejudice and without

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leave to amend;

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(2)

remaining claims;

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Defendants’ Motion to Dismiss is DENIED IN PART as to the

(3)

Defendants Black and Purcell shall file an Answer in their individual

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capacities to Plaintiff’s substantive due process claim based on the

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2011 attacks within 14 days of the date of this Order; and

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(4)

Defendant Allenby shall file an Answer in his official capacity to

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Plaintiff’s equal protection claim within 14 days of the date of this

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Order.

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DATED: July 24, 2019

___________________________________
CORMAC J. CARNEY
UNITED STATES DISTRICT JUDGE

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