Davis v. Suhr et al

Filing 6

ORDER DISMISSING CASE. Signed by Judge James Donato on 11/16/16. (lrcS, COURT STAFF) (Filed on 11/16/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JOHN LIMBIRD DAVIS,

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Plaintiff,

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ORDER OF DISMISSAL

v.

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GREG SUHR, et al.,

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Defendants.

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United States District Court
Northern District of California

Case No.16-cv-04986-JD

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Plaintiff, a detainee, has filed a pro se civil rights complaint under 42 U.S.C. § 1983. He

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has been granted leave to proceed in forma pauperis. Plaintiff states that Deputy Crain has tried to

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kill him while in jail, and has inflicted unnecessary pain and humiliation. Plaintiff provides no

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other information regarding these claims and as currently presented this is insufficient to state a

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claim. Plaintiff must provide more information regarding the circumstances of these allegations

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and Deputy Crain’s specific actions.
Moreover, plaintiff has filed several cases in the last few months regarding his treatment in

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jail including Davis v. Suhr, 16-4487 JD. In the earlier case plaintiff was not clear about how his

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rights were violated and he failed to identify any specific defendants. By concurrent order that

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case is dismissed with leave to amend to provide more information. This case is DISMISSED as

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duplicative. See Adams v. Cal. Dept. of Health Services, 487 F.3d 684, 688 (9th Cir. 2007).

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Plaintiff shall present his claims regarding Deputy Crain’s acts in the amended complaint in Davis

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v. Suhr, 16-4487 JD and specifically describe the events surrounding plaintiff’s allegations.1

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By concurrent order, another case, David v. Suhr, 16-5035 JD, was also dismissed as duplicative
for plaintiff to present his claims in 16-4487, because the claims also appear to involve his
treatment in jail.

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Plaintiff should also review the legal standards set forth in the Court Order in Davis v. Suhr, 16-

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4487 JD.

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IT IS SO ORDERED.
Dated: November 16, 2016

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JAMES DONATO
United States District Judge

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United States District Court
Northern District of California

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JOHN LIMBIRD DAVIS,

Case No. 16-cv-04986-JD

Plaintiff,
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v.

CERTIFICATE OF SERVICE

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GREG SUHR, et al.,
Defendants.

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I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S.
District Court, Northern District of California.

United States District Court
Northern District of California

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That on November 16, 2016, I SERVED a true and correct copy(ies) of the attached, by
placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by
depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery
receptacle located in the Clerk's office.

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John Limbird Davis
#16664426
850 Bryant Street
San Francisco, CA 94103

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Dated: November 16, 2016

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Susan Y. Soong
Clerk, United States District Court

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By:________________________
LISA R. CLARK, Deputy Clerk to the
Honorable JAMES DONATO

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