Percelle v. Pearson et al
Filing
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ORDER by Judge Thelton E. Henderson granting in part and denying in part 196 Motion for Leave to File Second Amended Complaint. Second Amended Complaint due 07/16/2015. (tehlc1, COURT STAFF) (Filed on 7/9/2015)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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STEVE DALE PERCELLE,
Plaintiff,
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v.
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S. PEARSON, et al.,
Defendants.
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Case No. 12-cv-05343-TEH
ORDER GRANTING IN PART AND
DENYING IN PART PLAINTIFF’S
MOTION FOR LEAVE TO FILE
AMENDED COMPLAINT
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This matter is before the Court on Plaintiff Steven Dale Percelle’s motion for leave
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United States District Court
Northern District of California
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to file a Second Amended Complaint. (Docket No. 196). The Court previously denied
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Plaintiff’s administrative motion to reconsider its order dismissing his due process claim
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with prejudice. July 1, 2015 Order at 3 (Docket No. 209). Therefore, the only significant
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changes remaining in the proposed Second Amended Complaint (“SAC”) are additional
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factual allegations in support of Plaintiff’s First Amendment retaliation claim and a new
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claim for false imprisonment. Proposed SAC at 33-39 (Docket No. 196-1). Defendants
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filed a statement of non-opposition to the proposed SAC as modified by the Court’s order
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dismissing the proposed due process claim. (Docket No. 210).
In light of Defendants’ statement of non-opposition, the Court finds this matter
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suitable for resolution without oral argument pursuant to Civil Local Rule 7-1(b).
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Plaintiff’s motion for leave to amend is GRANTED IN PART as unopposed. As the Court
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has already explained, Plaintiff has not demonstrated a sufficient basis for it to reconsider
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its order dismissing Plaintiff’s due process claim with prejudice; that portion of Plaintiff’s
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motion for leave to amend is accordingly DENIED.
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Plaintiff shall file a SAC no later than one week after entry of this order. The SAC
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shall not include a due process claim, and shall otherwise only include changes that were
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included in Plaintiff’s proposed SAC filed on June 22, 2015.
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IT IS SO ORDERED.
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Dated: 07/09/15
_____________________________________
THELTON E. HENDERSON
United States District Judge
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United States District Court
Northern District of California
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