Wayne McKay v. Yuba County, et al.

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