Atterbury v. Varney et al

Filing 15

ORDER RE SERVICE OFAMENDED COMPLAINT AND CONTINUANCE OF CASE MANAGEMENT CONFERENCE. Signed by Judge Beeler on 4/11/2012. (lblc1, COURT STAFF) (Filed on 4/11/2012)

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UNITED STATES DISTRICT COURT

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Northern District of California

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Oakland Division

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For the Northern District of California

UNITED STATES DISTRICT COURT

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DANNY F.ATTERBURY,

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Plaintiff,
v.

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THERESE VARNEY, et al.,

No. C 11-04932 LB

ORDER RE SERVICE OF
AMENDED COMPLAINT AND
CONTINUANCE OF CASE
MANAGEMENT CONFERENCE

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Defendants.
_____________________________________/

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Plaintiff Danny Atterbury filed an application to proceed in forma pauperis. ECF No. 2.

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Plaintiff consented to the jurisdiction of a United States magistrate judge pursuant to 28 U.S.C. §

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636(c). ECF No. 5. Good cause appearing, the court granted Plaintiff’s application. ECF No. 7 at

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1. The court, however, also found that it lacked subject-matter jurisdiction because Plaintiff’s

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allegations of state action were insufficient and the federal Fair Housing Act only protects against

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discrimination based on race, color, religion, sex, familial status, or national origin. Id. at 1-2.

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Thus, the court dismissed the complaint with leave to amend. Id. at 2. Plaintiff filed an amended

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complaint that named new defendants and made new factual allegations. ECF No. 8. Plaintiff also

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filed supplemental letters. ECF Nos. 11, 13, and 14. Amongst other things, Plaintiff raises the

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specter of ADA violations and discusses the entanglement of the defendant entity with the

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government. See ECF No. 13 at 1-2; ECF No. 14 at 1-2.

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The court now ORDERS service of the complaint on Defendants.
ORDER
C 11-04932 LB

The Clerk of Court shall

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issue the summons. Furthermore, the U.S. Marshal for the Northern District of California shall

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serve, without prepayment of fees, a copy of the complaint, any amendments or attachments,

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Plaintiff's affidavit and this order upon Defendant.

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Because Defendants have not yet been served, the court CONTINUES the case management

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conference from April 12, 2012 to June 14, 2012 at 10:30 a.m. at the Phillip Burton Federal Building

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and United States Courthouse, Courtroom C, 15th Floor, 450 Golden Gate Avenue, San Francisco,

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California.

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IT IS SO ORDERED.
Dated: April 11, 2012
_______________________________
LAUREL BEELER
United States Magistrate Judge

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For the Northern District of California

UNITED STATES DISTRICT COURT

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ORDER
C 11-04932 LB

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