Arellano et al v. Becton et al

Filing 39

ORDER DISMISSING CASE AND ENTERING JUDGMENT. Signed by Judge William H. Orrick on 09/24/2024. (jmd, COURT STAFF) (Filed on 9/24/2024)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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STEPHEN ARELLANO, et al.,
Plaintiffs,

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United States District Court
Northern District of California

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Case No. 24-cv-02250-WHO
ORDER DISMISSING CASE AND
ENTERING JUDGMENT

v.
DIANA BECTON, et al.,
Defendants.

On August 20, 2024, I entered an Order dismissing plaintiff Stephen Arellano’s Complaint

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for failure to state a claim. Dkt. No. 37. The claims asserted against the judicial defendants were

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dismissed with prejudice, but I gave Mr. Arellano leave to attempt to allege facts that might state a

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claim against the other defendants. Dkt. No. 37. Any such amended complaint should have been

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filed by September 9, 2024. Id.

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Mr. Arellano did not file an amended complaint. Instead, on September 18, 2024, he filed

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a notice of appeal. Dkt. No. 38. I interpret Mr. Arellano’s filing of the notice of appeal as a

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request to rest on his initial, dismissed Complaint. As that Complaint did not state a claim against

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any defendant, this case is DISMISSED and judgment will be entered in favor of the defendants.

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IT IS SO ORDERED.
Dated: September 24, 2024

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William H. Orrick
United States District Judge