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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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JAMES KARIM MUHAMMAD,

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Plaintiff,

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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.

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Northern District of California

United States District Court

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Plaintiff’s Request to file a Motion for Summary Judgment is DENIED. Plaintiff’s Motion for

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Judgment on the Pleadings, Motion for Summary Judgment; and Plaintiff’s Ex Parte Motion to

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Shorten the Time to Hear the Motion are both DENIED AS MOOT.

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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

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inadequate. Dkt. No. 62. By Order dated March 10, 2011, Judge Armstrong directed Plaintiff to
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effect service on the People of California and to file a Certificate of Service with the Court. Plaintiff

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was warned that if he failed to file a certificate of service within fourteen days, the People of

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California would be dismissed from the action without prejudice. Plaintiff has not filed a Certificate

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of Service to demonstrate service on the People of California subsequent to that Order. Accordingly,

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the People of California are DISMISSED WITHOUT PREJUDICE.

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This Order Terminates Docket Numbers 123, 124, and 128.
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IT IS SO ORDERED.
March 19, 2012
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YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT JUDGE