Steshenko v. McKay et al

Filing 84

ORDER DENYING REQUEST FOR RULE 54(b) CERTIFICATION. Signed by Judge Richard Seeborg on 04/27/2010. (rslc3, COURT STAFF) (Filed on 4/27/2010)

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1 2 3 4 5 6 7 8 9 10 GREGORY NICHOLAS STESHENKO, Plaintiff, v. THOMAS MCKAY, et al., Defendants. ____________________________________/ **E-filed 04/27/2010** IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION United States District Court 11 For the Northern District of California No. C 09-5543 RS ORDER DENYING REQUEST FOR RULE 54(b) CERTIFICATION 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 On April 1, 2010, the Court entered an order that, among other things, dismissed Cabrillo College as a defendant and dismissed the "official capacity" claims against the individual defendants, on Eleventh Amendment grounds. Plaintiff now asserts that his claims for prospective injunctive relief are not barred by the Eleventh Amendment. Plaintiff is correct. The Second Amended Complaint prays for injunctive relief, and that request is not barred by the Eleventh Amendment, notwithstanding any implication to the contrary in the April 1, 2010 Order. Plaintiff's request for certification under Federal Rules of Civil Procedure 54(b) of the Order insofar as it dismissed the third claim for relief--"involuntary servitude"--is denied. Dated: 04/27/2010 RICHARD SEEBORG UNITED STATES DISTRICT JUDGE

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