IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA
November 10, 2008
RICHARD F. FISHER, PLAINTIFF,
CITY OF PITTSBURG, ET AL., DEFENDANTS.
The opinion of the court was delivered by: Claudia Wilken United States District Judge
ORDER DISMISSING CLAIM AGAINST DOE DEFENDANT
On September 24, 2008, the Court issued an "Order Granting in Part and Denying in Part Defendants' Motion for Summary Judgment and Referring Case to Pro Se Prisoner Settlement Program." Plaintiff was directed to file a motion naming the Doe Defendant, who was identified as the "police sergeant" involved in the April 1, 2005 incident, and adding him as a defendant in this action. The Court gave Plaintiff until October 24, 2008 to file his motion. Failure to do so would result in dismissal of the excessive force claim against this Doe Defendant without prejudice. The time to file the motion has passed, and Plaintiff has failed to do so. Accordingly,
IT IS HEREBY ORDERED that the excessive force claim against this Doe Defendant is dismissed without prejudice.
IT IS SO ORDERED.
I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California.
That on November 10, 2008, I SERVED a true and correct copy(ies) of the attached, by placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle located in the Clerk's office. Timothy Patrick Murphy Owen Thomas Rooney Peter Pratt Edrington Edrington Schirmer & Murphy 2300 Contra Costa Boulevard, Suite 450 Pleasant Hill, CA 94523 18 Richard F. Fisher T-83070 19 140-1-49-L CA State Prison-Avenal P.O. Box 9 Avenal, CA 93204
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