Reynaga v. City of Seaside Police Department et al

Filing 16

ORDER granting 8 Monterey County District Attorney's Office and Ryan McGirk's motion to dismiss. (rmwlc2, COURT STAFF) (Filed on 8/29/2013)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION
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United States District Court
For the Northern District of California

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SALVADOR REYNAGA,
Plaintiff,

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Case No. C-13-01674-RMW

v.

ORDER GRANTING MOTION TO
DISMISS

CITY OF SEASIDE POLICE
DEPARTMENT, MONTEREY COUNTY
DISTRICT ATTORNEY’S OFFICE, VICKI
MEYERS, LOUIS LUMPKIN and RYAN
MCGIRK,

[Re Docket No. 8]

Defendants.

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On August 2, 2013 defendants Monterey County District Attorney's Office and Ryan

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McGirk filed a motion to dismiss. Pursuant to Local Rule 7-3(a) Plaintiff's opposition or statement

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of non-opposition was due by August 16, 2013. Plaintiff has failed to file any response. Failure to

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file an opposition consistent with the court's rules is grounds for granting the motion. See Justo v.

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Charter Capital Corp., No. C-11-00670-EJD, 2011 WL 2559811 (N.D. Cal. June 28, 2011).

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Therefore, the court GRANTS the motion to dismiss. Since plaintiff filed no opposition or request

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for leave to amend, it appears that plaintiff has no facts on which to base a claim or has chosen not

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to pursue the case. Judgment in favor of defendants will be entered. The non-moving defendants

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and plaintiff have previously stipulated to dismissal.

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Dated: August 29, 2013

_________________________________
Ronald M. Whyte
United States District Judge

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ORDER
Case No. C-13-01674-RMW
SW

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