Gibbs v. Carson et al

Filing 27

ORDER DISMISSING CLAIM AGAINST DEFENDANT ACOSTA. Signed by Judge Thelton E. Henderson on 07/31/2013. (Attachments: # 1 Certificate/Proof of Service)(tmi, COURT STAFF) (Filed on 8/1/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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No. C-13-0860 TEH (PR)

KENNETH GIBBS,
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Plaintiff,
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ORDER DISMISSING CLAIM AGAINST
DEFENDANT ACOSTA

v.
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CARSON, et al.,

(Doc. # 26)

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Defendants.

/

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United States District Court
For the Northern District of California

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On April 1, 2013, Plaintiff filed a civil rights complaint

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under 42 U.S.C. § 1983 against thirty-nine named Defendants.

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#9.

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Claims against eleven Defendants.

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Court found that Plaintiff had stated a cognizable claim for

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excessive force against Defendant Sgt. Acosta.

Doc.

On May 8, 2013, the Court issued an Order Serving Cognizable
Doc. #16.

In that Order, the

Doc. #16 at 11.

Plaintiff has filed a letter stating that Sgt. Acosta did not

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use excessive force against him.

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Plaintiff’s motion to voluntarily dismiss the claims against Sgt.

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Acosta and grants this motion.

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request, the excessive force claim against Sgt. Acosta is DISMISSED.

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The Court construes this as

Therefore, pursuant to Plaintiff’s

IT IS SO ORDERED.

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DATED

07/31/2013
THELTON E. HENDERSON
United States District Judge

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