Opinion
Case No. CV 11-7112-R(RNB)
12-13-2011
PETER JOSEPH CAVANAGH, Plaintiff, v. COUNTY OF VENTURA, CALIFORNIA, et al, Defendants.
ORDER ACCEPTING FINDINGS AND
RECOMMENDATION OF UNITED
STATES MAGISTRATE JUDGE
Pursuant to 28 U.S.C. § 636, the Court has reviewed the records on file, and the Report and Recommendation of the United States Magistrate Judge. Further, the Court has engaged in a de novo review of those portions of the Report and Recommendation to which objections have been made. The Court accepts the findings and recommendation of the Magistrate Judge.
IT THEREFORE IS ORDERED that:
1. The following claims are dismissed without leave to amend: (a) plaintiffs damages claims against the Ventura County District Attorney's Office and the district attorney defendants being sued in their official capacities, the "Ventura County Probation Agency" and the probation officers being sued in their official capacities, the Ventura County Superior Court and the judges being sued in their official capacities, and the EDD and the EDD
officials being sued in their official capacities; (b) plaintiff's claims against the six judicial officer defendants in their individual capacities; (c) plaintiffs claims against the two District Attorney defendants in their individual capacities; (d) plaintiff's claims against the three EDD defendants in their individual capacities; and (e) plaintiff's claims against the three Probation Agency defendants in their individual capacities;
2. The following claims are dismissed with leave to amend: (a) plaintiff's claims against his court-appointed counsel; (b) plaintiff's claims against the two Oxnard Code Enforcement Officers; (c) plaintiff's claims against Oxnard Police Officer Whitney; (d) plaintiff's claims against Oxnard Fire Inspector Abille, and (e) plaintiff's claims against the County of Ventura and the City of Oxnard; and
3. If plaintiff still desires to pursue this action and believes he can rectify the pleading deficiencies of his claims being dismissed with leave to amend, shall file a First Amended Complaint within twenty-eight (28) days that omits the claims being dismissed without leave to amend, omits the portions of plaintiff's prayer for relief seeking injunctive relief from the terms of the 2005 judgment and prospective injunctive relief from violations of his bankruptcy and probation rights, and is limited to the damages claims being dismissed with leave to amend.
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HONORABLE MANUEL L. REAL
UNITED STATES DISTRICT JUDGE