Muhammad v. People of California et al

Filing 137

ORDER by Judge Yvonne Gonzalez Rogers denying 123 Motion for Leave to File; denying as moot 124 Motion for Judgment on the Pleadings; denying as moot 124 Motion for Summary Judgment; denying as moot 128 Motion to Shorten Time; Dismissing without Prejudice People of California for failure to serve. (Attachments: # 1 Certificate/Proof of Service) (fs, COURT STAFF) (Filed on 3/19/2012)

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1 UNITED STATES DISTRICT COURT 2 NORTHERN DISTRICT OF CALIFORNIA 3 4 JAMES KARIM MUHAMMAD, 5 Plaintiff, 6 7 8 9 vs. PEOPLE OF CALIFORNIA, JEFFREY STARK, BOB CONNER, CYNTHIA CONEJO, and DOES 1-10, Case No.: C-10-01449 YGR ORDER DENYING MOTION FOR LEAVE TO FILE A MOTION FOR SUMMARY JUDGMENT; DENYING AS MOOT MOTION FOR SUMMARY JUDGMENT AND MOTION TO SHORTEN TIME FOR HEARING; AND DISMISSING PEOPLE OF CALIFORNIA FOR FAILURE TO SERVE Defendants. 10 Northern District of California United States District Court 11 12 Plaintiff’s Request to file a Motion for Summary Judgment is DENIED. Plaintiff’s Motion for 13 Judgment on the Pleadings, Motion for Summary Judgment; and Plaintiff’s Ex Parte Motion to 14 Shorten the Time to Hear the Motion are both DENIED AS MOOT. 15 16 Additionally, the Court will dismiss the People of California from this action for failure to serve. Judge Armstrong previously found Plaintiff’s attempt to serve the People of California 17 inadequate. Dkt. No. 62. By Order dated March 10, 2011, Judge Armstrong directed Plaintiff to 18 19 effect service on the People of California and to file a Certificate of Service with the Court. Plaintiff 20 was warned that if he failed to file a certificate of service within fourteen days, the People of 21 California would be dismissed from the action without prejudice. Plaintiff has not filed a Certificate 22 of Service to demonstrate service on the People of California subsequent to that Order. Accordingly, 23 the People of California are DISMISSED WITHOUT PREJUDICE. 24 This Order Terminates Docket Numbers 123, 124, and 128. 25 26 27 28 IT IS SO ORDERED. March 19, 2012 ______________________________________ YVONNE GONZALEZ ROGERS UNITED STATES DISTRICT JUDGE

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