Morris et al v. City of Fresno et al

Filing 94

ORDER On Defendant's 83 Motion to Dismiss Plaintiff's Sixth Amended Complaint, signed by Judge Oliver W. Wanger on 9/28/2010. (Any amended complaint is due within fourteen (14) days of service of the MemorandumDecision. Defendants responsive pleading shall be filed within ten (10) days of service of the amended complaint.) (Gaumnitz, R)

Morris et al v. City of Fresno et al

Doc. 94

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Rosemary T. McGuire, Esq. Bar No. 172549 James J. Arendt, Esq. Bar No. 142937
WEAKLEY, ARENDT, MCGUIRE, LLP 1630 E. Shaw Avenue, Suite 176 Fresno, CA 93710 Telephone: [phone] Facsimile: [phone]

Attorneys for Defendants, CITY OF FRESNO, OFFICER CHRISTOPHER LONG and OFFICER JEREMY DEMOSS

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

ROBERT MORRIS and MICHELLE MORRIS, pro se

) ) ) Plaintiffs, ) ) vs. ) ) FRESNO POLICE DEPARTMENT, ) OFFICER CHRISTOPHER LONG, ) OFFICER JEREMY DEMOSS, ) ) Defendants. ) ) ) ____________________________________ )

CASE NO. 1:08-CV-01422-OWW-SKO ORDER ON DEFENDANTS' MOTION TO DISMISS PLAINTIFFS' SIXTH AMENDED COMPLAINT Date: September 13, 2010 Time: 10:00 a.m. Ctrm: Three Complaint Filed: February 18, 2010

Defendants' motion to dismiss portions of the sixth amended complaint of Plaintiffs ROBERT MORRIS and MICHELLE MORRIS, came on for hearing on September 13, 2010. Defendants, CITY OF FRESNO, CHRISTOPHER LONG and JEREMY DEMOSS were represented by James J. Arendt. Plaintiffs ROBERT MORRIS and MICHELLE MORRIS who are proceeding in pro per, appeared on their own behalf. After reviewing the papers submitted by the parties and hearing oral argument on the issues presented, and pursuant to the Court's Memorandum Decision (Doc. 90), the Court orders as follows: 1. with prejudice. /// ____________________________
Order on Motion to Dismiss Sixth Amended Complaint

Defendants' motion to dismiss Plaintiffs' claims against the City of Fresno is granted,

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2.

Defendants' motion to dismiss Plaintiff RICHARD MORRIS' Fourth Amendment claim

based on plaintiff RICHARD MORRIS' blood draw is granted without prejudice, except as it relates to excessive force. Any amended complaint is due within fourteen (14) days of service of the Memorandum Decision. Defendants' responsive pleading shall be filed within ten (10) days of service of the amended complaint.

IT IS SO ORDERED. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ____________________________
Order on Motion to Dismiss Sixth Amended Complaint

Dated: September 28, 2010 emm0d6

/s/ Oliver W. Wanger UNITED STATES DISTRICT JUDGE

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