Juror Number One v. State of California et al

Filing 19

ORDER signed by Judge William B. Shubb on 03/31/11 ORDERING that the State of California's 17 Motion to Dismiss is GRANTED and the 04/11/11 hearing is VACATED. State of CA terminated. (Benson, A.)

Download PDF
-JFM (TEMP) Juror Number One v. State of California et al Doc. 19 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ----oo0oo---Plaintiff Juror Number One was the jury foreperson in a criminal trial in Sacramento County Superior Court before the Honorable Michael P. Kenny and brought this action to prevent Judge Kenny from ordering him to release comments he made on Facebook during the trial. This court denied plaintiff's ex v. STATE OF CALIFORNIA; HONORABLE MICHAEL P. KENNY, Judge of the Superior Court; FACEBOOK, INC., a Delaware corporation authorized to do business in California; GEORGE CHRISTIAN; TOMMY CORNELIUS, JR.; SAMUEL KEMOKAI, JR.; DEMETRIUS ROYSTER; XAVIER WHITFIELD, Defendants. / JUROR NUMBER ONE, NO. CIV. 2:11-397 WBS JFM Plaintiff, ORDER RE: MOTION TO DISMISS UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA ----oo0oo---- parte motion for a temporary restraining order and preliminary 1 Dockets.Justia.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 injunction, concluding that the court must abstain under Younger v. Harris, 401 U.S. 37 (1971). See Juror Number One v. California, No. 2:11-397, 2011 WL 567356 (E.D. Cal. Feb. 14, 2011). Now, defendant State of California moves to dismiss the claims against it or, in the alternative, requests the court to abstain from hearing plaintiff's claims against it. 17.) (Docket No. Plaintiff filed a statement of non-opposition to the State's motion, agreeing that abstention is appropriate because the matter is currently before the California Supreme Court. (Docket No. 18.) In light of the parties' agreement and this court's discussion in its prior order, Juror Number One, 2011 WL 567356, at *2, the court will abstain from hearing plaintiff's claims against the State and grant the State's motion to dismiss. IT IS THEREFORE ORDERED that the State of California's motion to dismiss plaintiff's claims against it be, and the same hereby is, GRANTED. IT IS FURTHER ORDERED that the hearing scheduled for April 11, 2011, at 2:00 p.m. on the State's motion to dismiss be VACATED. DATE: March 31, 2011 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?