Wheat v. County of Alameda et al

Filing 41

ORDER by Judge Maria-Elena James denying 40 Motion for Sanctions (cdnS, COURT STAFF) (Filed on 5/15/2012)

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UNITED STATES DISTRICT COURT

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Northern District of California

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DEREK WHEAT,

No. C 11-4509 MEJ
Plaintiff,

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v.

ORDER RE PLAINTIFF’S
MOTION TO DISMISS

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COUNTY OF ALAMEDA, et al.,

Docket No. 40

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Defendants.
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For the Northern District of California

UNITED STATES DISTRICT COURT

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On May 14, 2012, Plaintiff Derek Wheat filed a Motion for Sanctions against defense counsel

14 based on an alleged “ploy by defense counsel to besmirch the reputation of his adversary in a
15 premeditated effort to gain an unfair emotional advantage from the court.” Dkt. No. 40 at 3-4.
16 Specifically, Plaintiff argues as follows: “The presiding judge in this case is female, and women are
17 often unfortunately the victims of violent domestic abuse. Defense counsel concocted a story made
18 out of "whole-cloth", in an effort to "poison the well" and turn the court against the Plaintiff. All
19 while praying on the sensitivities of the judicial officer's gender.” Id. at 4. Plaintiff’s motion is
20 DENIED. Plaintiff is hereby advised to focus on the merits of this case. Any further baseless filings
21 may result in the imposition of sanctions, including the payment of Defendants’ attorneys’ fees and
22 costs that result from any such filings.
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IT IS SO ORDERED.

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25 Dated: May 15, 2012
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Maria-Elena James
Chief United States Magistrate Judge