(PS) Wilburn v. Bratcher et al, No. 2:2015cv00699 - Document 59 (E.D. Cal. 2016)

Court Description: ORDER signed by District Judge Troy L. Nunley on 3/30/2016 FINDINGS AND RECOMMENDATIONS 54 are ADOPTED in FULL; Plaintiff's motion 6 to remand is DENIED; Defendant Helena Gweon's 20 Motion to Dismiss is GRANTED without leave to amend; Defendant Garren Bratcher's 15 motion to Strike is GRANTED with leave to amend as to Claims 4-13; Claims 1-3 are DISMISSED sua sponte as to Bratcher with leave to amend; Defendants City of Sacramento et al 5 Motion to Dismiss is GRANTED; Defendants County of Sacramento et al 10 Motion to Dismiss is GRANTED. (Reader, L)

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(PS) Wilburn v. Bratcher et al Doc. 59 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 TERRENCE LAMAR WILBURN, 12 13 No. 2:15-cv-0699 TLN GGH Plaintiff, v. ORDER 14 GARREN BRATCHER, et al., 15 Defendants. 16 17 18 Plaintiff, proceeding pro se, filed the above-entitled action. The matter was referred to a United States Magistrate Judge pursuant to Local Rule 302(c)(21). 19 On December 30, 2015, the magistrate judge filed findings and recommendations herein 20 which were served on all parties and which contained notice to all parties that any objections to 21 the findings and recommendations were to be filed within fourteen days. (ECF No. 54.) Plaintiff 22 filed objections to the findings and recommendations. (ECF No. 55.) Defendants County of 23 Sacramento, Sacramento County Sheriff’s Department, Sheriff Scott Jones, Sacramento County 24 District Attorney’s Office, Sacramento County Public Defender’s Office, Deputy District 25 Attorney Laura West, Deputy Public Defender Teresa Huang, Deputy Public Defender Larry Yee, 26 and Deputy Hester filed a reply. (ECF No. 56.) Defendants City of Sacramento, Chief Samuel 27 D. Somers, Jr., Officer George Chargin, Officer Jose Yepes, Sergeant Sameer Sood, Detective 28 Bobby Daniels, Officer Jeremy Ratcliffe, and Detective Kevin Patton also filed a reply. (ECF 1 Dockets.Justia.com 1 No. 57.) 2 The Court has reviewed the file and finds the findings and recommendations to be 3 supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY 4 ORDERED that: 5 1. The findings and recommendations filed December 30, 2015, are adopted in full; 6 2. Plaintiff’s motion to remand (ECF No. 6) is DENIED; 7 3. Defendant Helena Gweon’s Motion to Dismiss (ECF No. 20) is GRANTED without 8 leave to amend; 4. Defendant Garren Bratcher’s (“Bratcher”) special anti-SLAPP Motion to Strike (ECF 9 10 No. 15) is GRANTED with leave to amend as to Claims Four through Thirteen; 11 12 13 5. Claims One through Three are dismissed sua sponte as to Bratcher with leave to amend; 6. Defendants City of Sacramento, erroneously sued as Sacramento Police Department, 14 Samuel D. Somers, Jr. (“Officer Somers, Jr.”), George Chargin (“Officer Chargin”), erroneously 15 sued as G. Chargin, Jose Yepes (“Officer Yepes”), erroneously sued as J. Yepes, Sameer Sood 16 (“Officer Sood”), erroneously sued as S. Sood, Bobby Daniels (“Officer Daniels”), Jeremy 17 Ratcliffe (“Officer Ratcliffe”), erroneously sued as J. Ratcliffe, and Kevin Patton’s (“Officer 18 Patton”), erroneously sued as K. Patton (collectively “the City Defendants”) Motion to Dismiss 19 (ECF No. 5) is GRANTED per the following: 20 i. Claims One through Twelve are dismissed with leave to amend as to Officer 21 Somers, Jr., Officer Chargin, Officer Yepes, Office Sood, Officer Daniels, Officer Ratcliffe, and 22 Officer Patton; 23 ii. Claims One through Eight are dismissed with leave to amend, and Claims Nine 24 through Twelve without leave to amend, as to the City of Sacramento and the Sacramento Police 25 Department; and 26 iii. Claim Thirteen is dismissed without leave to amend; 27 7. Defendants County of Sacramento, Sacramento County Sheriff’s Department, Sheriff 28 Scott Jones (“Sheriff Jones”), Sacramento County District Attorney, Sacramento County Public 2 1 Defender’s Office, Deputy District Attorney Laura West (“D.A. West”), Deputy Public Defender 2 Teresa Huang (“P.D. Huang”), Deputy Public Defender Larry Yee (“P.D. Yee”), and Deputy 3 Hester’s (collectively “the County Defendants”) Motion to Dismiss (ECF No. 10) is GRANTED 4 per the following: 5 6 7 i. Claims One through Twelve are dismissed with leave to amend as to Sheriff Jones, D.A. West, P.D. Huang, P.D. Yee, and Deputy Hester; ii. Claims One through Eight are dismissed with leave to amend, and Claim Nine 8 through Twelve without leave to amend as to the County of Sacramento, Sacramento County 9 District Attorney, Sacramento County Sheriff’s Department, and Sacramento County Public 10 11 Defender’s Office, and iii. Claim Thirteen is dismissed without leave to amend. 12 13 14 Dated: March 30, 2016 15 Troy L. Nunley United States District Judge 16 17 18 19 20 21 22 23 24 25 26 27 28 3

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