Moreno

ORDER GRANTING MOTION TO DISMISS WITHOUT LEAVE TO AMEND, DISMISSING ACTION WITH PREJUDICE AS TO THE STATE OF CALIFORNIA AND THE CALIFORNIA DEPARTMENT OF CORRECTIONS AND WITHOUT PREJUDICE AS TO THE INDIVIDUAL DEFENDANTS, AND DENYING APPLICATION FOR PRELIMINARY INJUNCTION

Defendants’ motion to dismiss and Plaintiffs’ application for preliminary injunction were heard on October 26, 1998. For the reasons set forth herein, Defendants’ motion to dismiss is granted without leave to amend, the action is dismissed with prejudice as to the State of California and the California Department of Corrections and without prejudice as to the individual Defendants, and Plaintiffs’ application for preliminary injunction is denied.

I. BACKGROUND

Plaintiffs are Anthony Moreno (“Moreno”) and his wife Anna Maria Moreno (“Anna Maria”), individually and as Guardian ad Li-tem for their minor son Aaron Moreno (“Aaron”). This action arises out of Plaintiffs’ challenge to various conditions of parole which were imposed upon Moreno as part of a sentence following a 1996 criminal conviction for committing lewd and lascivious acts upon a child under the age of fourteen. Moreno was convicted pursuant to a…