Gonzalez v. Ahmed et al

Filing 62

ORDER by Judge Lucy H. Koh granting 54 Motion to Dismiss (Attachments: # 1 certificate of mailing) (mpb, COURT STAFF) (Filed on 11/23/2011)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE NORTHERN DISTRICT OF CALIFORNIA 10 11 BRENT LUIS GONZALEZ, 12 13 14 15 Plaintiff, v. Z. AHMED, et al., Defendants. ) ) ) ) ) ) ) ) ) ) No. C 10-5654 LHK (PR) ORDER GRANTING DEFENDANTS’ MOTION TO DISMISS (Docket No. 54) 16 Plaintiff, a state prisoner proceeding pro se, filed an amended civil rights complaint 17 pursuant to 42 U.S.C. § 1983 challenging the conditions of his confinement at Correctional 18 Training Facility - Soledad. On September 19, 2011, the Court granted Defendants’ motion to 19 dismiss Plaintiff’s state law claims, Fourteenth Amendment claim, and claims against 20 Defendants in their official capacities. In that same order, the Court granted Plaintiff’s motion 21 for leave to file a second amended complaint. The Court noted that Plaintiff’s second amended 22 complaint contained the same factual allegations as his amended complaint, but omitted the 23 challenged Fourteenth Amendment claim, and did not sue Defendants in their official capacities. 24 However, the second amended complaint still included state law claims. 25 Presumably, out of an abundance of caution, Defendants filed a motion to dismiss the 26 state law claims as barred. The motion is substantively the same as the original motion, filed on 27 May 3, 2011, and granted on September 19, 2011. Plaintiff has not filed an opposition. For the 28 Order Granting Defendants’ Motion to Dismiss P:\pro-se\sj.lhk\cr.10\Gonzalez654mtd 1 reasons stated in the Court’s September 19, 2011 order, Defendants’ motion to dismiss Plaintiff’s 2 state law claims is GRANTED. Plaintiff’s state law claims are DISMISSED. 3 4 IT IS SO ORDERED. DATED: 11/22/11 LUCY H. KOH United States District Judge 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Order Granting Defendants’ Motion to Dismiss P:\pro-se\sj.lhk\cr.10\Gonzalez654mtd 2

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