Meniooh v. State of California et al

Filing 58

ORDER DIRECTING COUNTY TO RESPOND TO COMPLAINT. Signed by Judge Charles R. Breyer on 9/22/2016. (crblc1, COURT STAFF) (Filed on 9/22/2016)

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1 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT 8 FOR THE NORTHERN DISTRICT OF CALIFORNIA 9 United States District Court For the Northern District of California 10 11 RATA BEY MENIOOH, 14 ORDER DIRECTING COUNTY TO RESPOND TO COMPLAINT Plaintiff, 12 13 No. C16-00715 CRB v. STATE OF CALIFORNIA, ET AL., Defendants. 15 / 16 17 The County Defendants previously moved to dismiss this case. See generally County 18 Mot. (dkt. 17).1 The Court held that the original complaint failed to state a claim upon which 19 relief could be granted as to the County Defendants, and directed Plaintiff Rata Bey Meniooh 20 to file an amended complaint, explaining that it would issue a further order upon amendment. 21 See Order Dismissing (dkt. 52) at 2. Plaintiff has timely amended his complaint. See FAC. 22 The First Amended Complaint brings thirteen claims, arising under state and federal 23 law. Id. ¶¶ 69–106. It also attaches eleven exhibits, some of which shed some light on 24 Plaintiff’s allegations—for example, they include a Complaint in Superior Court accusing 25 Plaintiff of willfully and unlawfully driving when his license was suspended or revoked, an 26 arrest warrant from the Arcata Police Department, and an inmate grievance form asserting 27 28 1 Originally, the County Defendants were the County of Humboldt and Michael T. Downey. See Compl. (dkt. 1) ¶¶ 17, 19. The County Defendants are now Humboldt County, Humboldt County Sheriff’s Office, Michael T. Downey, Humboldt County District Attorney’s Office, Maggie Fleming, L. Myers, Brent K., Whitney Bares, Max Cardoza and Roger Rees. See FAC (dkt. 55) ¶¶ 10–20. 1 that a Sheriff’s deputy assaulted Plaintiff and violated his First Amendment rights at the 2 Humboldt County Correction Facility. Id. Exs. A, B, F. The Court now DIRECTS the 3 County Defendants to respond to the FAC within twenty-one (21) days of this Order. 4 5 IT IS SO ORDERED. Dated: September 22, 2016 CHARLES R. BREYER UNITED STATES DISTRICT JUDGE 6 7 8 9 United States District Court For the Northern District of California 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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