Dave Benson v. Craig Linville
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA 10 DAVE BENSON, ) No. SACV 21-1597-DDP(AGR) ) Plaintiff, ) ) ORDER TO SHOW CAUSE v. ) ) CRAIG LINVILLE, et al, ) ) ) Defendants. ) ) 17 On September 29, 2021, Plaintiff filed a civil rights complaint against numerous defendants. For the reasons discussed below, the Court orders Plaintiff to show cause, on or before November 15, 2021, why this Court should not recommend dismissal without prejudice as to defendant Orange County Superior Court based on what is commonly called Younger abstention and dismissal with prejudice as to California Highway Patrol and the individual defendants in their official capacity under Eleventh Amendment immunity. 25 26 27 28 I. SUMMARY OF PROCEEDINGS Plaintiff was charged with two felony counts of perjury by declaration and ten 4|| misdemeanor counts of…