Clarke

MEMORANDUM DECISION AND GRANTING IN PART AND DENYING IN PART PLAINTIFF’S REQUEST FOR JUDICIAL NOTICE (Doc. 101) GRANTING IN PART AND DENYING IN PART DEFENDANTS’ MOTION TO DISMISS SIXTH AMENDED COMPLAINT (Doc. 102); DENYING DEFENDANTS’ REQUEST FOR JUDICIAL NOTICE (Doc. 104); GRANTING IN PART AND DENYING IN PART PLAINTIFF’S COUNTER-MOTION FOR LEAVE TO FILE SEVENTH AMENDED COMPLAINT (Doc. 108); AND GRANTING PLAINTIFF’S REQUEST FOR JUDICIAL NOTICE (Doc. 110)

Plaintiff Stanley Bradford Clarke, again proceeding in pro per, filed a Sixth Amended Complaint pursuant to the Memorandum Decision filed on May 26, 2009, 2009 WL 1460815 (May 26 Memorandum Decision; Doc. 92).

Before the Court is Defendants’ motion to dismiss and Plaintiffs counter-motion for leave to file a Seventh Amended Complaint. Defendants move to dismiss the state law causes of action for failure to allege compliance with the California Tort Claims Act and to dismiss the federal civil rights causes of action on the ground that Plaintiff cannot complain of alleged failures to present exculpatory evidence at the September 16, 2005 hearing or of the alleged misrepresentation of facts at that hearing. Plaintiffs…