Merriman v. Governor Jerry Brown et al.

Filing 64

ORDER DENYING PLAINTIFFS REQUEST TO EXTEND DEADLINE TO SERVE OFFICER SMITH by Hon. William Alsup denying 62 Motion for Extension of Time to File.(whalc1, COURT STAFF) (Filed on 7/25/2016)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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JUSTIN MERRIMAN,

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For the Northern District of California

United States District Court

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Plaintiff,

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v.
OFFICER FNU TIERNEY, OFFICER
FNU SMITH, OFFICER FNU
ROBINSON,

ORDER DENYING
PLAINTIFF’S REQUEST
TO EXTEND DEADLINE
TO SERVE OFFICER SMITH

Defendants.
/

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No. C 15-01715 WHA

A prior order set the deadline for plaintiff to serve officers Smith and Robinson as today,

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July 25. On July 24, plaintiff filed a motion seeking to extend the time to serve Officer Smith,

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stating that he has learned that Officer Smith’s first name begins with the letter “D,” but that

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there are several Officers Smith at San Quentin, and the proper defendant may have retired.

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Counsel has provided no explanation for what further efforts they could undertake with regard

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to Officer Smith, nor have they explained why Officer Smith could not have been identified

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earlier in the seventeen months since this case was first filed.

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Plaintiff’s request is DENIED. If service is not effected by the end of today, all claims
against Officer Smith will be dismissed for failure to prosecute.
IT IS SO ORDERED.

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Dated: July 25, 2016.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE