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Adrian O. Adams v. Santa Cruz County Sheriff's Department; and Deputy Patrick Dimick

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION


December 20, 2011

ADRIAN O. ADAMS, PLAINTIFF,
v.
SANTA CRUZ COUNTY SHERIFF'S DEPARTMENT; AND DEPUTY PATRICK DIMICK,
DEFENDANTS.

The opinion of the court was delivered by: Howard R. Lloyd United States Magistrate Judge

E-filed December 20, 2011

NOT FOR CITATION

ORDER GRANTING DEFENDANTS' MOTION TO DISMISS [Re: Docket No. 4]

Pro se plaintiff Adrian Adams sued the Santa Cruz County Sheriff's Department and Deputy Patrick Dimick (collectively "defendants") in Santa Cruz County Superior Court alleging civil rights 19 violations. After the state court sustained a demurrer on Adams's first amended complaint, he filed a 20 second amended complaint ("SAC"), which alleged federal claims for relief. Dkt. No. 1, Exh. F 21

(Order Sustaining Demurrer), Exh. H (SAC). Defendants timely removed the action to this court. 22 Dkt. No. 1. Defendants now move to dismiss the complaint for failure to state a claim upon which 23 relief can be granted. See FED. R. CIV. P. 12(b)(6). Dkt. No. 4. Plaintiff did not file an opposition to 24 the motion, and informed the court at hearing on December 20 that he did not oppose the motion so 25 long as the court granted dismissal with leave to amend. The court so orders. 26

Plaintiff's SAC against the Santa Cruz County Sheriff's Department and Deputy Patrick Dimick is DISMISSED in its entirety with leave to amend. Plaintiff shall file an Amended 28

Complaint and serve it on defendants no later than 15 days from the date of this order.

IT IS SO ORDERED.

C11-05401 HRL Notice will be electronically mailed to: James Carl Eschen Eschenlaw@cruzio.com Jessica Claudine Espinoza jessica.espinoza@co.santa-cruz.ca.us 3 Dana Maureen McRae dana.mcrae@co.santa-cruz.ca.us 4 Counsel are responsible for distributing copies of this document to co-counsel who have not registered for e-filing under the court's CM/ECF program. 5 6 7 8 9 10

United States District Court For the Northern District of California

20111220

© 1992-2011 VersusLaw Inc.



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