Vadim Stanley Miesegaes v. Malinda Durnen

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA 11 VADIM STANLEY MIESEGAES, Case No. CV 20-09945 CJC (RAO)

Plaintiff,

v. ORDER ACCEPTING FINDINGS,

CONCLUSIONS, AND

MALINDA DURNEN, et al., RECOMMENDATION OF

UNITED STATES MAGISTRATE

Defendants. JUDGE 17 Pursuant to 28 U.S.C. § 636, the Court has reviewed Plaintiff’s First Amended Complaint (“FAC”), Dkt. No. 9, the Report and Recommendation of the United States Magistrate Judge (“Report”), Dkt. No. 11, Plaintiff’s Objections, Dkt. No. 14, and all other records and files herein. Further, the Court has made a de novo determination of those portions of the Report to which objections have been made. Although the Court is not persuaded by the Objections, the Court briefly addresses one of Plaintiff’s arguments. Plaintiff argues that official capacity claims must be dismissed without prejudice under Freeman v. Oakland Unified School District, 179 F.3d 846, 847 (9th Cir. 1999). In Freeman, the…