Michael Lawrence Lhevan v. Todd Spitzer

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA 9 MICHAEL LAWRENCE LHEVAN, ) NO. SACV 16-1367-GW (AGR) ) Plaintiff, ) ) ORDER ACCEPTING FINDINGS AND v. ) RECOMMENDATIONS OF UNITED ) STATES MAGISTRATE JUDGE TODD SPITZER, et al., ) ) Defendant. ) ) 15 Pursuant to 28 U.S.C. § 636, the Court has reviewed Defendants’ motion to dismiss the Fourth Amended Complaint, the records on file, the Report and Recommendation of the United States Magistrate Judge (“Report”), Plaintiff’s Objections and Defendants’ Response, and Defendants’ Objections. The Court has engaged in a de novo review of those portions of the Report to which the parties have objected. The Court accepts the findings and recommendation in the Report except as set forth below. Defendants’ Objections Defendants object to the recommendation that the Court deny Defendants’ motion to dismiss Claim 5 against former Orange County District Attorney (“OCDA”) Rackauckas in his individual capacity. The…