Newman v. County of Ventura

Full title: TYRONE D. NEWMAN, #V-29771 Plaintiff, v. COUNTY OF VENTURA, VENTURA COUNTY…

Court: United States District Court, Ninth Circuit, California, C.D. California

Date published: Mar 26, 2010

CV 09-4160-JVS(RC) (C.D. Cal. Mar. 26, 2010)

Opinion

TYRONE D. NEWMAN, #V-29771 Plaintiff, v. COUNTY OF VENTURA, VENTURA COUNTY SHERIFF'S DEPARTMENT, CALIFORNIA FORENSIC MEDICAL GROUP INC., ANNA GARCIA R.N., DANNY CALDERON AND DOES 1-4, Defendants. No. CV 09-4160-JVS(RC). United States District Court, C.D. California. March 26, 2010.

          ORDER ADOPTING AMENDED REPORT AND RECOMMENDATION OF UNITED STATES

          JAMES V. SELNA, District Judge.

         The Court has made a de novo determination, after reviewing the amended complaint and other papers along with the attached Amended Report and Recommendation of United States Magistrate Judge Rosalyn M. Chapman and inferring plaintiff has no objection to the Amended Report and Recommendation since he has lodged the Second Amended Complaint.

         IT IS ORDERED that:

         (1) The Amended Report and Recommendation IS APPROVED AND ADOPTED;

         (2) defendants' motions for a more definite statement IS DENIED;

         (3) plaintiff's motion to supplement his First Amended Complaint to add a table of contents IS DENIED;

         (4) defendants' motions to dismiss all Ninth Amendment claims IS GRANTED, and these claims are dismissed with prejudice;

         (5) defendants' motion to dismiss all equal protection of law claims IS GRANTED, and these claims are dismissed with prejudice;

         (6) defendants' motion to dismiss Claims Three, Four, Nine and Twelve IS GRANTED, and these claims are dismissed with prejudice and plaintiff is prohibited from repleading these claims, and all claims against defendants Anna Garcia R.N. and Doe no. 4 are dismissed;

         (7) defendants' motion to dismiss Claims One, Two, Five through Eight, Ten, Eleven, and Thirteen through Sixteen IS GRANTED with leave to amend, and plaintiff shall, if he chooses to pursue these claims, file a Second Amended Complaint correcting the deficiencies noted herein and raising only these claims; and

         (8) defendants' motion to dismiss plaintiff's supplemental state law claims IS GRANTED, and these claims are dismissed without prejudice.

         IT IS FURTHER ORDERED that the Clerk shall serve copies of this Order and the Magistrate Judge's Amended Report and Recommendation by the United States mail on plaintiff.