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Oliver v. County of Los Angeles

United States District Court, C.D. California

June 10, 2015

ANTHONY ALLEN OLIVER, Plaintiff,
v.
COUNTY OF LOS ANGELES, et al., Defendants.

ORDER DISMISSING COMPLAINT WITH LEAVE TO AMEND

KENLY KIYA KATO, Magistrate Judge.

On May 27, 2015, Plaintiff Anthony Allen Oliver, proceeding pro se, filed a Complaint under 42 U.S.C. ยง 1983 ("section 1983"). For the reasons stated below, the Complaint is dismissed with leave to amend.

I.

SUBSTANCE OF THE COMPLAINT

Plaintiff sues 15 named Defendants and various unnamed "Doe" Defendants for allegedly violating his constitutional rights. ECF No. 1 at 1. The named Defendants are (1) the County of Los Angeles; (2) the Los Angeles County District Attorney's Office; (3) Los Angeles County prosecutor Jacques Garden; (4) Los Angeles County prosecutor Andrew Kim; (5) Los Angeles County prosecutor Jackie Lacey; (6) Los Angeles County investigator Barbara Torres; (7) Deputy Gerald Houston; (8) the City of Oceanside; (9) Oceanside police officer Matthew Lyons; (10) Oceanside city attorney Deborah Nash; (11) Oceanside city attorney John Mullen; (12) the Oceanside City Attorney's Office; (13) Erik Hughes, a process server and former business partner of Plaintiff's; (14) Cynthia Lyons, the spouse of Officer Lyons; and (15) the Oceanside Police Department. Id.

Plaintiff alleges that, in the summer of 2012, Officer Lyons and his spouse Cynthia Lyons (together, "the Lyonses") wrongfully arrested Plaintiff for stalking and making criminal threats.[1] Id. at 5. Plaintiff alleges Officer Lyons "has personal animosity towards Plaintiff" because he thinks Plaintiff has "attempted to have an affair with [Cynthia] Lyons" since 2005. Id. at 9. Plaintiff states all stalking and criminal threat charges against him were eventually dropped. Id. at 5.

Plaintiff states he then filed suit, in Los Angeles, against the Lyonses. Id. Plaintiff claims at one point he was going to receive a 20 million dollar default judgment against the Lyonses. Id. at 6-7. Plaintiff alleges Defendants Nash and Mullen, who represented the Lyonses, tried to prevent that judgment, by threatening Plaintiff that if he did not set the judgment aside, they would tell Plaintiff's parole officer that he had illegally forged the signature of Defendant Hughes on a court document. Id. at 7. Plaintiff alleges Defendant Hughes then carried out instructions, given by Officer Lyons and Defendants Nash and Mullen, to call Plaintiff's parole officer and lie that Plaintiff had forged his signature. Id. at 8.

Plaintiff alleges on March 27, 2014, he was arrested and sent to Los Angeles County Jail, for violating parole and forging court documents. Id. Plaintiff alleges Defendants Houston, Lacey, Garden, and Kim conspired and took actions to maliciously prosecute Plaintiff, despite knowing he had not forged any documents. See id. at 8-11.

Plaintiff alleges Defendant Torres performed a series of tests to determine whether Plaintiff had forged any court documents, and that the tests were inconclusive. Id. at 11. Plaintiff alleges Defendant Torres failed to follow proper protocol, and suggests she took too long to perform the tests, which caused Plaintiff to serve additional jail time. Id. Plaintiff alleges Defendant Torres later performed additional tests, and found Plaintiff had not forged any documents. Id. at 16.

Plaintiff claims on April 8, 2015, Defendant Garden and the Los Angeles County District Attorney's Office moved to dismiss all charges against Plaintiff. Id. at 17. (However, it does not appear all charges were dismissed, as Plaintiff asks this Court for "an order directing Defendants to dismiss the criminal case against Plaintiff." Id. at 30.)

Plaintiff alleges all of the Defendants colluded "to keep [him] in jail for as long as possible, " and to "fabricate false and corrupt evidence to prosecute Plaintiff for a crime that never occurred." Id. at 3, 12. Plaintiff claims Defendants violated his rights under the First, Fourth, Fifth, and Fourteenth Amendments of the United States Constitution, and under various California state laws. Id. at 4-5. Plaintiff asks for various forms of relief, including 20 million dollars in compensatory damages; an order to dismiss Plaintiff's criminal case; and "an order directing the Los Angeles County District Attorney's office to arrest and charge Erik Hughes, Matthew Lyons, and Cynthia Lyons with perjury and fraud." Id. at 30.

II.

LEGAL STANDARD

Pursuant to Federal Rule of Civil Procedure 12(b)(6), a claim may be dismissed for failure to state a claim upon which relief can be granted. "A trial court may dismiss a claim sua sponte under Fed.R.Civ.P. 12(b)(6)." Omar v. Sea-Land Serv., Inc., 813 F.2d 986, 991 (9th Cir. 1987) (citations omitted). "Such a dismissal may be made ...


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