The following excerpt is from Wilburn v. Bratcher, No. 2:15-cv-00699-TLN-GGH (E.D. Cal. 2015):
United States v. Jensen, 425 F.3d 698, 704 (9th Cir. 2005) (citation omitted), cert. denied, 547 U.S. 1056 (2006). Plaintiff may allege that his failure to register was not willful, but he does not explain how this leads to the conclusion that there was no probable cause for his arrest. In fact, it is unclear how Officer Sood could have even known of plaintiff's failed attempts at registering and therefore conclude that plaintiff's failure to register was not willful. Accordingly, the court finds that plaintiff has not alleged facts sufficient to state a claim for violation of his Fourth Amendment rights against Officer Sood.
The court also finds that plaintiff has not alleged facts sufficient to state personal capacity
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