Quinn v. Fresno County Sheriff et al

Filing 42

ORDER on Defendants' Motion to Dismiss Plaintiff's Third Amended Complaint, signed by Judge Oliver W. Wanger on 6/1/2011. (Plaintiffs medical care claim under section 1983 against Defendant ALANIS is DISMISSED, without prejudice; Plainti ffs 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) d ays of service of the Memorandum Decision; and Defendants shall file a response within ten (10) days of service of the amended complaint. On May 20, 2011, Plaintiff failed to timely file an amended complaint within 14 days of service of the Memorandum Decision, and as such, the Court hereby rules as follows: Plaintiffs third cause of action is DISMISSED, with prejudice.) (Gaumnitz, R)

1

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

Bar No. 142937
Bar No. 259718

2
3
4

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

5
Attorneys for Defendants, COUNTY OF FRESNO, DAVID ALANIS, and LINDA PENNER
6
7
8

IN THE UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11
12
13
14
15
16
17
18

JAMES LORAN QUINN,

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

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

19
20

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

21

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

22

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

23

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

24

the Court previously ruled as follows:

25

1.

26

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

27

2

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

28

3.

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

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

1

4.

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

2

5.

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

3
4

Memorandum Decision; and,
6.

5
6
7
8

Defendants shall file a response within ten (10) days of service of the amended
complaint.

On May 20, 2011, Plaintiff failed to timely file an amended complaint within 14 days of service
of the Memorandum Decision, and as such, the Court hereby rules as follows:
1.

Plaintiff’s third cause of action is DISMISSED, with prejudice.

9
10

IT IS SO ORDERED.

11
12

DATED: June 1, 2011

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

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
____________________________
Order On Defendants’ Motion to
Dismiss Plaintiff’s TAC

2