Schaffer v. County of Alameda et al

Filing 104

ORDER DENYING SAMMY PAGE'S EX PARTE MOTION; DENYING PAGE'S PETITION FOR WRIT OF MANDAMUS/EXECUTION. Signed by Judge Maxine M. Chesney on November 26, 2008. (mmclc1, COURT STAFF) (Filed on 11/26/2008) (Additional attachment(s) added on 11/26/2008: # 1 Certificate of Service) (be, COURT STAFF).

1 2 3 4 5 6 7 8 9 10 For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Additionally, on November 21, 2008, Page filed an "Affidavit or Declaration in Support of Motion for Leave to Proceed In Forma Pauperis." Said document, construed as a motion for leave to proceed in forma pauperis, is hereby DENIED as moot, as Page is not required to pay a fee to file either the motion or petition.
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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

DANIEL SCHAFFER, Plaintiff v. COUNTY OF ALAMEDA, et al., Defendants /

No. 06-0310 MMC ORDER DENYING SAMMY PAGE'S EX PARTE MOTION; DENYING PAGE'S PETITION FOR WRIT OF MANDAMUS/ EXECUTION

United States District Court

Before the Court is Sammy L. Page's ("Page") "Ex Parte Motion," filed October 27, 2008, as supplemented November 6, 2008; on November 19, 2008, class counsel, at the direction of the Court, filed a response thereto. Also before the Court is Page's "Petition for Writ of Mandamus/Execution," filed November 21, 2008.1 Having read and considered the above-referenced filings, the Court rules as follows. In his filings, Page states he filed a timely claim form, but did not receive a payment from the claims administrator; he seeks a court order requiring the claims administrator to pay his claim. For the reasons stated in class counsel's November 19, 2008 response, the Court finds the claim was properly denied, for the reason that Page is not a member of the

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class certified in the above-titled action. Accordingly, Page's Ex Parte Motion is hereby DENIED, and Page's Petition for Writ of Mandamus/Execution is hereby DENIED. IT IS SO ORDERED.

Dated: November 26, 2008

MAXINE M. CHESNEY United States District Judge

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