Holguin v. Lopez

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT’S MOTION TO DISMISS

PHILIP R. MARTINEZ, District Judge.

On this day, the Court considered Defendant Officer Oscar Robles’s (“Officer Robles”) “Local Rule CV-12 Motion to Dismiss,” filed on April 15, 2008, and Plaintiff Eduardo Holguin’s (“Holguin”) “Response in Opposition to Defendant’s Motion to Dismiss and Brief in Support,” filed on April 28, 2008, in the above-captioned cause. After due consideration, the Court is of the opinion that Officer Robles’s Motion should be granted in part and denied in part for the reasons set forth below.

I.…