Jones v. Reis et al (1:22-cv-00545-CMA-KLM)

ORDER AFFIRMING and ADOPTING IN PART and REJECTED IN PART (Document 21) Recommendation of United States Magistrate Judge. It is REJECTED as to its determination that Plaintiff's official capacity claims are barred by the Eleventh Amendment. It is AFFIRME D AND ADOPTED in all other respects. Defendant Reis's Motion to Dismiss for Failure to State a Claim (Document 5) is GRANTED. Archuleta County Defendants' Motion to Dismiss (Document 6) is GRANTED IN PART and DENIED IN PART. It is DENIED as to Plaintiff 9;s second claim for relief for deprivation of property without due process against Defendants Unknown Doe 7 and Woodrow. It is GRANTED in all other respects. Plaintiffs First, Third, and Fourth Claims for Relief, and Plaintiffs Second Claim for Rel ief against Defendants Van Wagenen, Unknown Does 16, Valdez, and Williams, are DISMISSED WITH PREJUDICE for failure to state a claim. Defendants Reis, Van Wagenen, Unknown Does 16, Valdez, and Williams, in their individual and official capacities, and Defendant County of Archuleta are DISMISSED from this action. SO ORDERED by Senior Judge Christine M. Arguello on 2/23/2023.(sphil, )