Wayne McKay v. Yuba County, et al.

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 WAYNE MCKAY, Case No. 2:25-cv-02024-DAD-JDP (PS) 12 Plaintiff, 13 v. ORDER 14 YUBA COUNTY, et al., 15 Defendants. 16 17 Plaintiff, proceeding pro se, brings this case against Yuba County, Yuba County Sheriff 18 Wendell Anderson, and two sheriff’s deputies, Keith Gelber and Brian Clegg. He alleges that 19 these defendants violated his constitutional rights when, in July 2023, they ordered him to leave 20 real property whose ownership was disputed between plaintiff and the “prior owner.” ECF No. 6 21 at 6-11. Defendants have moved to dismiss most of plaintiff’s claims, ECF No. 9, save for his 22 allegation that their actions amounted to an unlawful seizure of the real property. Id. at 9-1 at 3 23 n.1. After review of the pleadings, including plaintiff’s sur-reply, ECF No. 18-1, which I have 24 reviewed out of an abundance of caution, I find that defendants’ motion should be granted. I will 25 dismiss the claims implicated therein with leave to amend. …