Litmon v. Brown

Filing 35

ORDER granting re 34 Request filed by David Litmon, Jr.. Signed by Judge Edward M. Chen on 5/25/11. (bpfS, COURT STAFF) (Filed on 5/25/2011)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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DAVID LITMON, JR.,

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Plaintiff,

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For the Northern District of California

United States District Court

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v.

No. C-10-3894 EMC

ORDER GRANTING PLAINTIFF’S
REQUEST FOR CLARIFICATION

EDMUND G. BROWN, Attorney General of
California,

(Docket No. 34)

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Defendants.
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___________________________________/
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Plaintiff has moved the Court for a clarification regarding its order of April 29, 2011. In that

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order, the Court set aside the judgment and reopened the case to give Plaintiff an opportunity to file

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an amended complaint containing an equal protection claim. See Docket No. 31 (order). The Court

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hereby GRANTS the request for clarification.

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Plaintiff has leave to file a first amended complaint. More specifically, Plaintiff has leave to

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assert the equal protection claim denominated as “Claim Two” in his proposed first amended

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complaint, which was filed on March 16, 2011. See Docket No. 22 (proposed first amended

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complaint, attached to motion for leave to file first amended complaint). That claim must be

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directed to Defendant Brown and not Defendant Harris. See Docket No. 29 (Order at 1-2) (noting

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that “Plaintiff clarified in his reply that said claim is directed solely against Defendant Brown”).

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Plaintiff does not have permission to reassert in his first amended complaint the due process and

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double jeopardy claims already ruled upon (referred to as the first and third claims in the proposed

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first amended complaint).

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The Court understands that Plaintiff wishes to appeal the dismissal of the due process and

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double jeopardy claims. Plaintiff may do so, if he wishes, after a final judgment is entered in this

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case. A final judgment will be entered in this case after the equal protection claim is resolved (that

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is, assuming Plaintiff does file a first amended complaint asserting an equal protection claim).

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As a final point, the Court notes that, in its order of April 29, 2011, it instructed Plaintiff to

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file his first amended complaint by May 29, 2011. Given that this date is fast approaching, and

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Plaintiff has apparently been under some confusion, the Court shall give Plaintiff additional time to

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file his first amended complaint. Plaintiff shall have until June 24, 2011, to file a first amended

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complaint containing the equal protection claim referenced above. Defendant shall have until July

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For the Northern District of California

United States District Court

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25, 2011, to file a response.
The case management conference set for July 13, 2011 is rescheduled for September 2, 2011
at 9:00 a.m. A joint case management conference statement shall be filed by August 26, 2011.
IT IS SO ORDERED.

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Dated: May 25, 2011

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_________________________
EDWARD M. CHEN
United States Magistrate Judge

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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DAVID LITMON, JR.,

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Plaintiffs
v.
CERTIFICATE OF SERVICE

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For the Northern District of California

United States District Court

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No. C-10-3894 EMC

EDMUND G. BROWN, Attorney General of
California,

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Defendants.
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___________________________________/

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I, the undersigned, hereby certify that I am an employee in the U.S. District Court, Northern

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District of California. On the below date, I served a true and correct copy of the attached, by placing

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said copy/copies in a postage-paid envelope addressed to the person(s) listed below, by depositing

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said envelope in the U.S. Mail; or by placing said copy/copies into an inter-office delivery

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receptacle located in the Office of the Clerk.

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DAVID LITMON, JR.
29083 Mission Boulevard, Apt. 207
Hayward, CA 94544

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Dated: May 25, 2011

RICHARD W. WIEKING, CLERK

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By:
Betty Lee
Deputy Clerk