Colter v. Kopp et al

Filing 16

ORDER by Judge Claudia Wilken GRANTING PLAINTIFFS 11 MOTION FOR RELIEF FROM ORDER DISMISSING CLAIMS. (ndr, COURT STAFF) (Filed on 8/11/2011)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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No. C 10-05759 CW

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RICHARD GLEN COLTER,

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Plaintiff,

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ORDER GRANTING
PLAINTIFF’S
MOTION FOR RELIEF
FROM ORDER
DISMISSING CLAIMS
(Docket No. 11)

v.

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QUENTIN KOPP, et al.,

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Defendants.
/

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United States District Court
For the Northern District of California

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On April 5, 2011, a case management conference (CMC) in this

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action was held.

Pro se Plaintiff Richard Glen Colter did not

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appear and, as a result, on April 19, 2011, his claims were

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dismissed without prejudice for failure to prosecute.
Plaintiff now moves for relief from the Court’s Order

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dismissing his claims.

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CMC, asserting that he did not receive notice of it until April 7,

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2011.

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RICO cause of action” plead in his amended complaint and that only

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“Governor Brown and Ray LaHood are appropriate” Defendants in this

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action.

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claims before they were dismissed, opposes Plaintiff’s motion.

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He contends that he was not aware of the

Plaintiff also represents that he has decided to “forgo the

Defendant Edmund G. Brown, Jr., who answered Plaintiff’s

Having considered the papers submitted by the parties, the

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Court GRANTS Plaintiff’s motion.

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this action will be held on September 13, 2011 at 2:00 p.m.

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Plaintiff’s failure to appear at this case management conference

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will result in the dismissal of his claims with prejudice.

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A case management conference in

Based on Plaintiff’s statements in his motion, the Court

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dismisses his RICO claims against Governor Brown and Secretary

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LaHood and his claims against all Defendants other than Governor

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Brown and Secretary LaHood.

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In its April 19, 2011 Order, the Court noted that there was no

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evidence that Plaintiff served Secretary LaHood.

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motion, Plaintiff submitted a United States mail return receipt,

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addressed to him, indicating that an article of mail was received

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on behalf of Secretary LaHood on March 18, 2011.

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suffice as proof of service.

Along with his

This does not

“Except for service by a United

United States District Court
For the Northern District of California

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States marshal or deputy marshal, proof must be by the server’s

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affidavit.”

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18 years old and not a party” to the action.

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4(c)(2).

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shall file valid proof that Secretary LaHood was served in

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accordance with Federal Rule of Civil Procedure 4.

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do so, the claims against Secretary LaHood will be dismissed for

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failure of timely service.

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IT IS SO ORDERED.

Fed. R. Civ. P. 4(l)(1).

The server must be “at least
Fed. R. Civ. P.

Within seven days of the date of this Order, Plaintiff

If he does not

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Dated: 8/11/2011
CLAUDIA WILKEN
United States District Judge

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UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA

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RICHARD GLEN COLTER,
Case Number: CV10-05759 CW

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Plaintiff,

CERTIFICATE OF SERVICE

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v.
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QUENTIN KOPP et al,
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Defendant.
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United States District Court
For the Northern District of California

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I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court,
Northern District of California.
That on August 11, 2011, I SERVED a true and correct copy(ies) of the attached, by placing said
copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said
envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle located
in the Clerk's office.

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Richard Glen Colter
P.O. Box 11312
Pleasanton, CA 94588

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Dated: August 11, 2011

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Richard W. Wieking, Clerk
By: Nikki Riley, Deputy Clerk

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