Pierce v. County of Marin et al

Filing 27

ORDER GRANTING DEFENDANT STATE OF CALIFORNIA'S UNOPPOSED MOTION TO DISMISS 20 (Illston, Susan) (Filed on 9/11/2017)

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1 2 3 UNITED STATES DISTRICT COURT 4 NORTHERN DISTRICT OF CALIFORNIA 5 6 JILLIAN L. PIERCE, Plaintiff, 7 8 9 10 Case No. 17-cv-03409-SI v. COUNTY OF MARIN, et al., Defendants. ORDER GRANTING DEFENDANT STATE OF CALIFORNIA'S UNOPPOSED MOTION TO DISMISS Re: Dkt. No. 20 United States District Court Northern District of California 11 12 On June 13, 2017, plaintiff filed this lawsuit in pro per against numerous defendants, 13 including the State of California. The complaint alleges that plaintiff has been arrested and 14 detained on three occasions because her name and identity were “wrongfully and incorrectly 15 associated” with an individual with the same name who had an outstanding drug-related warrant. 16 Compl. ¶ 1 (Dkt. No. 1). 17 On August 21, 2017, counsel filed a notice of appearance on behalf of plaintiff. Dkt. No. 18 19. On August 24, 2017, defendant State of California moved to dismiss the complaint as barred 19 by the Eleventh Amendment to the U.S. Constitution. Plaintiff, through counsel, has filed a 20 statement of non-opposition to that motion. Plaintiff concedes that the State is not subject to suit, 21 and states that she intends to file an amended complaint naming individual California Highway 22 Patrol officers as defendants. Accordingly, the Court GRANTS defendant State of California’s 23 motion to dismiss the claims alleged against the State. Plaintiff shall file an amended complaint 24 by September 22, 2017. 25 26 27 28 IT IS SO ORDERED. Dated: September 11, 2017 ______________________________________ SUSAN ILLSTON United States District Judge

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