United States District Court, N.D. California
April 13, 2004.
JAMES L. HARRIS, Plaintiff;
STATE OF CALIFORNIA, et al., Defendants
The opinion of the court was delivered by: MAXINE CHESNEY, District Judge
ORDER DISMISSING ACTION WITHOUT PREJUDICE
On March 2, 2004, the Court dismissed plaintiff James L. Harris'
("Harris") claims against the State of California ("State") and the
California Highway Patrol ("CHP"), without prejudice to Harris' refiling
those claims in state court, on the ground that the Eleventh Amendment of
the United States Constitution bars Harris from suing either the State or
CHP, under any theory, in federal court. The Court did not address Hams'
claims against Commissioner Dwight Helmick ("Commissioner Helmick") or
CHP Officer Kevin Domby ("Officer Domby"), who had not yet appeared in
On April 2, 2004, Harris failed to appear as ordered at a regularly
scheduled Case Management Conference in the above-entitled action.
Consequently, the Court ordered Harris to show cause in writing no later
than April 16, 2004 why the case should not be dismissed for failure to
On April 8, 2004, Harris filed a written response to the Order to Show
Cause, in which he informed the Court that, after receiving the Court's March
2, 2004 order, he refiled his action in Lake County Superior Court. As it
appears that Harris does not wish to pursue his remaining claims against
Commissioner Helmick or Officer Domby in federal court, the Court hereby
DISMISSES those claims, without prejudice to Hams' litigating those
claims in his state court action.
The Clerk shall close the file.
IT IS SO ORDERED.
[EDITOR'S NOTE: THIS PAGE CONTAINS CERTIFICATE OF SERVICE]
JUDGMENT IN A CIVIL CASE
[ ] Jury Verdict. This action came before the Court
for a trial by jury. The issues have been tried
and the jury has rendered its verdict.
[X] Decision by Court. This action came to trial or
hearing before the Court. The issues have been
tried or heard and a decision has been rendered.
IT IS ORDERED AND ADJUDGED the Court dismissed claims against the State
of California and the California Highway Patrol without prejudice to
plaintiff refiling those claims in state court. The Court hereby DISMISSES
claims against Commissioner Helmick and Officer Domby without prejudice
to plaintiff litigating those claims in his state court action.
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