Quinn v. Fresno County Sheriff et al

Filing 38

ORDER on Defendants' Motion to Dismiss Plaintiff's Third Amended Complaint, signed by Judge Oliver W. Wanger on 5/19/2011. (Plaintiffs medical care claim under section 1983 against Defendant ALANIS is DISMISSED, without prejudice; Plaint iffs first cause of action is DISMISSED, with prejudice; Plaintiffs second cause of action is DISMISSED, with prejudice; Plaintiffs third cause of action is DISMISSED, without prejudice; Plaintiff shall file an amended complaint within fourteen (14) days of service of the Memorandum Decision; and Defendants shall file a response within ten (10) days of service of the amended complaint.)(Gaumnitz, R)

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James J. Arendt, Esq.
Roy C. Santos, Esq.

Bar No. 142937
Bar No. 259718

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WEAKLEY & ARENDT, LLP
1630 East Shaw Avenue, Suite 176
Fresno, California 93710
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Defendants, COUNTY OF FRESNO, DAVID ALANIS, and LINDA PENNER
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IN THE UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JAMES LORAN QUINN,

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Plaintiff,
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vs.
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FRESNO COUNTY SHERIFF, FRESNO
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COUNTY PROBATION DEPARTMENT, )
OFFICER DAVID ALANIS, OFFICER
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LEONARD RICHERT, FRESNO COUNTY )
DISTRICT ATTORNEY, FRESNO
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COUNTY JAIL, ET AL. and DOES 1 to 100 )
INCLUSIVE,
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Defendants.
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____________________________________ )

CASE NO.: 1:10-CV-01617-OWW-SMS
ORDER ON DEFENDANTS’ MOTION TO
DISMISS PLAINTIFF’S THIRD AMENDED
COMPLAINT
Date: May 2, 2011
Time: 10:00 a.m.
Ctrm: 3
The Honorable Oliver W. Wanger

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On May 2, 2011, the matter of Defendants’ motions to dismiss Plaintiff’s third amended

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complaint came before the Court for hearing. Attorney Roy C. Santos appeared on behalf of the moving

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parties. Attorney David M. Hollingsworth appeared via telephone on behalf of the plaintiff. After

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considering the pleadings and documents filed with the Court, and receiving oral argument from counsel,

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the Court hereby rules as follows:

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1.

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Plaintiff’s medical care claim under section 1983 against Defendant ALANIS is
DISMISSED, without prejudice;

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Plaintiff’s first cause of action is DISMISSED, with prejudice;

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3.

Plaintiff’s second cause of action is DISMISSED, with prejudice;

____________________________
Order On Defendants’ Motion to
Dismiss Plaintiff’s TAC

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4.

Plaintiff’s third cause of action is DISMISSED, without prejudice;

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5.

Plaintiff shall file an amended complaint within fourteen (14) days of service of the

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Memorandum Decision; and,
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Defendants shall file a response within ten (10) days of service of the amended
complaint.

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IT IS SO ORDERED.

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DATED: May 19, 2011

/s/ OLIVER W. WANGER
United States District Court Judge

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____________________________
Order On Defendants’ Motion to
Dismiss Plaintiff’s TAC

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