Muhammad v. People of California et al
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)
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
JAMES KARIM MUHAMMAD,
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
Northern District of California
United States District Court
Plaintiff’s Request to file a Motion for Summary Judgment is DENIED. Plaintiff’s Motion for
Judgment on the Pleadings, Motion for Summary Judgment; and Plaintiff’s Ex Parte Motion to
Shorten the Time to Hear the Motion are both DENIED AS MOOT.
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
inadequate. Dkt. No. 62. By Order dated March 10, 2011, Judge Armstrong directed Plaintiff to
effect service on the People of California and to file a Certificate of Service with the Court. Plaintiff
was warned that if he failed to file a certificate of service within fourteen days, the People of
California would be dismissed from the action without prejudice. Plaintiff has not filed a Certificate
of Service to demonstrate service on the People of California subsequent to that Order. Accordingly,
the People of California are DISMISSED WITHOUT PREJUDICE.
This Order Terminates Docket Numbers 123, 124, and 128.
IT IS SO ORDERED.
March 19, 2012
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT JUDGE
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