Ingram v. City of San Francisco Police Department et al

Filing 13

ORDER CONCERNING DEFENDANTS 12 MOTION TO DISMISS. Signed by Judge Claudia Wilken on 2/5/2013. (Attachments: # 1 Certificate/Proof of Service)(ndr, COURT STAFF) (Filed on 2/5/2013)

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1 IN THE UNITED STATES DISTRICT COURT 2 FOR THE NORTHERN DISTRICT OF CALIFORNIA 3 4 BARRY G. INGRAM, 5 Plaintiff, 6 7 8 9 United States District Court For the Northern District of California 10 11 No. C 13-0224 CW ORDER CONCERNING DEFENDANT’S MOTION TO DISMISS v. CITY OF SAN FRANCISCO POLICE DEPARTMENT; SFPD OFFICER SGT. FRAZER; SFPD OFFICER JENNIFER G. FIORELLO; and SFPD OFFICER KHMARSKIY, Defendants. ________________________________/ 12 On February 4, 2013, Defendant City and County of San 13 Francisco re-filed its motion to dismiss Plaintiff Barry Ingram’s 14 first amended complaint. 15 support of that motion refers to two exhibits. 16 n.4. 17 Defendant’s motion and Defendant’s proof of service does not 18 indicate whether these exhibits have been served on Plaintiff. 19 Id. at 10. 20 attached exhibits as soon as possible with proof that it served 21 these exhibits on Plaintiff. 22 dismiss (Docket No. 4) is hereby TERMINATED. 23 Docket No. 12. The memorandum in See id. at 2, 8 Neither of these exhibits, however, is attached to Accordingly, Defendant is directed to file the Defendant’s previous motion to Plaintiff’s opposition to Defendant’s motion is due by 24 February 22, 2013. 25 opposition, his case may be dismissed for failure to prosecute. If Plaintiff fails to file a timely 26 Plaintiff has yet to serve his first amended complaint on the 27 three individual officers named as defendants in this action: Sgt. 28 Frazer, Officer Fiorello, and Officer Khmarskiy. Under Federal 1 Rule of Civil Procedure 4(m), Plaintiff must serve his complaint 2 on these defendants before April 2, 2013 or his claims against 3 them will be dismissed. 4 IT IS SO ORDERED. 5 6 7 Dated: 2/5/2013 CLAUDIA WILKEN United States District Judge 8 9 United States District Court For the Northern District of California 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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