Cedric Anthony Braden v. Juan Barillas et al

Filing 7

ORDER (1) DISMISSING CLAIMS WITH LEAVE TO AMEND; AND (2) DIRECTING PLAINTIFF TO FILE FIRST AMENDED COMPLAINT OR TO NOTIFY COURT OF INTENT TO PROCEED ON REMAINING CLAIM by Judge James V. Selna. IT IS HEREBY ORDERED: 1. All claims in the Complaint agai nst the LAPD, all claims against the Officer Defendants in their official capacities, and all claims against the Officer Defendants in their individual capacities except the Remaining Claim are dismissed with leave to amend. 2. If plaintiff wishes to proceed with the Dismissed Claims and is able to cure the deficiencies identified above, he shall file a First Amended Complaint within fourteen (14) days of the date of this Order. 3. Alternatively, if plaintiff elects to proceed solely on the Rema ining Claim and not to file a First Amended Complaint, he shall file either a "Notice of Intent to Proceed Solely on Remaining Claim" or a signed version of the attached Notice of Dismissal by the foregoing deadline. SEE ORDER FOR DETAILS. (Attachments: # 1 Notice of Dismissal) (dml)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CASE NUMBER

Cedric Anthony Braden,

2:16-cv-07633-JVS-JC
Plaintiff(s),

v.
Los Angeles Police Department, et al.
Defendant(s).

NOTICE OF DISMISSAL PURSUANT
TO FEDERAL RULES OF CIVIL
PROCEDURE 41(a) or (c)

PLEASE TAKE NOTICE: (Check one)
G This action is dismissed by the Plaintiff(s) in its entirety.
G The Counterclaim brought by Claimant(s)
dismissed by Claimant(s) in its entirety.

is

G The Cross-Claim brought by Claimants(s)
dismissed by the Claimant(s) in its entirety.

is

G The Third-party Claim brought by Claimant(s)
dismissed by the Claimant(s) in its entirety.

is

✔
------------G ONLY Defendant(s) all claims except the Fourth Amendment excessive force claim against the
individual defendants in their individual capacities only
✔
is/are dismissed from (check one) G Complaint, G Counterclaim, G Cross-claim, G Third-Party Claim
brought by

.

The dismissal is made pursuant to F.R.Civ.P. 41(a) or (c).

Date

Signature of Attorney/Party

NOTE: F.R.Civ.P. 41(a): This notice may be filed at any time before service by the adverse party of an answer or of a motion for
summary judgment, whichever first occurs.
F.R.Civ.P. 41(c): Counterclaims, cross-claims & third-party claims may be dismissed before service of a responsive
pleading or prior to the beginning of trial.

CV-09 (03/10)

NOTICE OF DISMISSAL PURSUANT TO FEDERAL RULES OF CIVIL PROCEDURE 41(a) or (c)