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HARRIS v. STATE OF CALIFORNIA

United States District Court, N.D. California


April 13, 2004.

JAMES L. HARRIS, Plaintiff;
v.
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 the action.

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 prosecute.

  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.

20040413

© 1992-2004 VersusLaw Inc.



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