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Kinser v. City of Davis

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


July 28, 2010

ROY DAVID KINSER, PLAINTIFF,
v.
CITY OF DAVIS, A PUBLIC ENTITY; JOEL ROMO, AN INDIVIDUAL; LARRY PHIPPS, AN INDIVIDUAL; AND ROBERT WEIR, IN HIS OFFICIAL AND INDIVIDUAL CAPACITY, DEFENDANTS.

ORDER RE: MOTION TO DISMISS

Plaintiff filed his Complaint on January 22, 2010 alleging violations of 42 U.S.C. § 1983 and various state causes of action. (Docket No. 1) On June 25, 2010, defendants City of Davis and Robert Weir filed a motion to dismiss plaintiff's Complaint pursuant to Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim upon which relief can be granted. (Docket No. 8.) Plaintiff has filed a statement of non- opposition to defendants' motion, stating that he had reached a settlement agreement with City of Davis and Robert Weir and would not oppose their motion in reliance on their efforts to execute a written agreement. (Docket No. 14.)

IT IS THEREFORE ORDERED that defendant City of Davis's and Robert Weir's motion to dismiss be, and the same hereby is, GRANTED.

20100728

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