Opinion
2:23-cv-08351-HDV (DTB)
07-30-2024
CHRISTOPHER McCOOK, Plaintiff, v. KIMBERLEY BAKER GUILLEMET et al., Defendants.
ORDER ACCEPTING FINDINGS, CONCLUSIONS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE
HERNAN D. VERA UNITED STATES DISTRICT JUDGE
Pursuant to 28 U.S.C. § 636, the Court has reviewed the Complaint, all the records and files herein, and the Report and Recommendation of the United States Magistrate Judge. No objections to the Report and Recommendation have been filed herein. The Court concurs with and accepts the findings, conclusions and recommendations of the Magistrate Judge.
IT THEREFORE IS ORDERED that the Report and Recommendation is hereby approved and accepted as follows: (1) Kimberley Baker Guillemet's Motion to Dismiss (Docket Nos. 14, 24) is hereby granted and Claim One concerning the issuance of the search warrant and non-filing of the returned search warrant and search warrant affidavits with the Superior Court Clerk on the basis of absolute judicial immunity is dismissed without leave to amend; (2) Victor Munoz's (“Munoz”) Motion to Dismiss (Docket Nos. 15, 27) is hereby granted in part and denied in part, dismissing with leave to amend all claims alleged against defendant Munoz, and denying without prejudice defendant Munoz's Motion to Dismiss on the basis of qualified immunity; (3) the Motion to Dismiss (Docket Nos. 22, 28) filed by defendants Jessica Field (“Field”), Douglas Murray (“Murray”), Luke Landsberger (“Landsberger”), Michael Takacs (“Takacs”), Rene Arguelles (“Arguelles”) and Scott Paik (“Paik”) is hereby granted in part and denied in part, dismissing with leave to amend all claims alleged against defendants Field, Murray, Landsberger, Takacs, Arguelles and Paik, and denying without prejudice the Motion to Dismiss on the basis of qualified immunity; and (4) the Motions to Strike allegations related to Plaintiff's request for punitive damages as to defendants Munoz, Field, Murray, Landsberger, Takacs, Arguelles and Paik (Docket Nos. 15 at 10-11, 22 at 15-16) is hereby granted.
If Plaintiff still desires to pursue this action, he is ordered to file a First Amended Complaint within thirty (30) days of the date of this Order accepting the Report and Recommendation remedying the deficiencies discussed in the Report and Recommendation.
If Plaintiff chooses to file a First Amended Complaint, it should bear the docket number assigned in this case; be labeled “First Amended Complaint”; and be complete in and of itself without reference to the Complaint, or any other pleading, attachment, or document.