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Bailey v. State of California Dep't of Justice

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA


August 6, 2009

RUSSO BAILEY, PLAINTIFF,
v.
STATE OF CALIFORNIA DEPARTMENT OF JUSTICE; ALLEN J. PRECKEL; CITY OF EL CAJON; M. BEVAN; SAN DIEGO COUNTY; DONNIE DUMANUS; WILLIAM KOLENDER, DEFENDANTS.

The opinion of the court was delivered by: Hon. Jeffrey T. Miller United States District Judge

ORDER DENYING EX PARTE APPLICATION TO AMEND MOTION TO STRIKE AS MOOT

Judge Allan J. Preckel has filed an Ex Parte Application to Amend the Motion to Strike to Apply Motion to Second Amended Complaint, as Well as to First Amended Complaint by Defendant, the Honorable Allan J. Preckel, Judge of the California Court. ("Motion"). The court denies the motion as moot because, on June 25, 2008, the court granted Judge Preckel's motion to dismiss all claims with prejudice and without leave to amend based upon judicial immunity. (Docket No. 37). As that order terminated the action as to Judge Preckel for all purposes, Plaintiff's inclusion of Judge Preckel as a defendant in the second amended complaint is of no consequence.

In sum, the Motion is denied as moot. As all claims have been resolved in this action, the Clerk of Court is instructed to enter judgment in favor of all Defendants and against Plaintiff. The Clerk of Court is also instructed to close the file.

IT IS SO ORDERED.

20090806

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