Sapp v. Lalor et al

Filing 10

ORDER OF DISMISSAL, ***Civil Case Terminated. Signed by Judge Phyllis J. Hamilton on 2/4/13. (Attachments: # 1 Certificate/Proof of Service)(nah, COURT STAFF) (Filed on 2/4/2013)

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1 2 3 UNITED STATES DISTRICT COURT 4 NORTHERN DISTRICT OF CALIFORNIA 5 OAKLAND DIVISION 6 7 RAMON J. SAPP, Plaintiff, 8 vs. 9 11 For the Northern District of California United States District Court 10 12 No. C 11-5120 PJH (PR) ORDER DISMISSING CASE M. LALOR, B. WOO, K. EDISON, V. ETCHEBER, D. NASTARI, C. FABRI, T. BOES, B. PEAGLER, Inspector HOLLORAN, P. BERMUEZ, L. LARGAREJOS, V. JACKSON, and JOHN DOES, 13 Defendants. 14 / 15 Plaintiff, a prisoner at California Medical Facility, has filed a pro se civil rights 16 complaint under 42 U.S.C. § 1983. Plaintiff contends that defendants, all law enforcement 17 officers, conspired to kill him. They encountered him at a gas station, where he says they 18 fired on him, “shooting him down.” He asserts that defendants stood over him firing, 19 although he was lying on the ground and unarmed. He says that he was shot 20 approximately forty times, and lost his left leg as a result. This incident occurred in 2002. 21 Plaintiff was informed that the applicable statute of limitations was four years and he was 22 ordered to show cause why this case should not be dismissed as untimely. He has filed a 23 response. Plaintiff contends that he was mentally incompetent until August 2011, and unable to 24 25 understand the need to timely file his complaint against the defendants. Plaintiff seeks 26 tolling due to his mental impairment. However, plaintiff’s claims are contradicted by the 27 records of lawsuits he has filed. 28 /// 1 Plaintiff had a previous lawsuit in this court involving the medical care he received 2 after the shooting. It was settled and judgments dismissing the claims with prejudice were 3 entered. See Sapp v. County of Alameda, No. C 03-1066 PJH (Aug. 29, 2006; Dec. 21, 4 2006). Though, plaintiff was represented by counsel in that case. Plaintiff, proceeding pro 5 se filed another case on April 9, 2008. See Sapp v. San Francisco Police Department, No. 6 C 08-1903 PJH. That complaint concerned the same allegations of excessive force raised 7 in this complaint and was dismissed without prejudice for failure to file a complete in forma 8 pauperis application. A review of plaintiff’s complaint, amended complaint and many letters 9 written in 2008, severely contradict his contention that he was mentally incompetent for the past ten years and demonstrate that he was quite able to file lawsuits. 11 For the Northern District of California United States District Court 10 Accordingly, this case is DISMISSED as untimely. 12 IT IS SO ORDERED. 13 Dated: February 4, 2013. PHYLLIS J. HAMILTON United States District Judge 14 15 16 17 18 G:\PRO-SE\PJH\CR.11\Sapp5120.dism.wpd 19 20 21 22 23 24 25 26 27 28 2

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