Ewing

Ewing v. Superior Court

Good Law
90 F. Supp. 3d 1067·2015 WL 1119414·2015 U.S. Dist. LEXIS 29980
United States District Court, Southern District of CaliforniaMarch 11, 2015Case No. 13-cv-01577-BAS(BLM)California5,026 words

Opinion

Lead Opinion

Bashant, J.

ORDER GRANTING DEFENDANTS’ MOTIONS TO DISMISS

Plaintiff Anton Ewing (“Plaintiff’) commenced this civil rights action on July 5, 2013. (ECF No. 1.) On August 2, 2013, Plaintiff filed a First Amended Complaint (ECF No. 7 (“FAC”)) against Defendants Bonnie Dumanis, Kamala D. Harris, and William Gore (collectively “Defendants”) under 42 U.S.C. § 1983 alleging violations of his rights under the First and Fourteenth Amendments to the United States Constitution. Defendants now move to ■ dismiss the FAC pursuant to Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim upon which relief can be granted. (ECF Nos. 18,19.)

The Court finds these motions suitable for determination on the papers submitted and without oral argument. See Civ. L.R. 7.1(d)(1). For the following reasons, the Court GRANTS Defendants’ motions to dismiss (ECF Nos. 18,19).

I. BACKGROUND

A. State Court Criminal Case

Plaintiff was charged with four counts of stalking in violation of California *1071 Penal Code section 646.9(a) and four counts of extortion in violation of California Penal Code section 523, one count for each of four victims. (10/12/12 Opinion at p. 1 FAC at p. 7.) Plaintiff moved to…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.