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Derek Wheat v. County of Alameda

UNITED STATES DISTRICT COURT Northern District of California


May 15, 2012

DEREK WHEAT,
PLAINTIFF,
v.
COUNTY OF ALAMEDA, ET AL.,
DEFENDANTS.

The opinion of the court was delivered by: Maria-Elena James Chief United States Magistrate Judge

ORDER RE PLAINTIFF'S MOTION TO DISMISS 9 Docket No. 40 10

On May 14, 2012, Plaintiff Derek Wheat filed a Motion for Sanctions against defense counsel Specifically, Plaintiff argues as follows: "The presiding judge in this case is female, and women are based on an alleged "ploy by defense counsel to besmirch the reputation of his adversary in a 15 premeditated effort to gain an unfair emotional advantage from the court." Dkt. No. 40 at 3-4. often unfortunately the victims of violent domestic abuse. Defense counsel concocted a story made 18 out of "whole-cloth", in an effort to "poison the well" and turn the court against the Plaintiff. All 19 while praying on the sensitivities of the judicial officer's gender." Id. at 4. Plaintiff's motion is DENIED. Plaintiff is hereby advised to focus on the merits of this case. Any further baseless filings 21 may result in the imposition of sanctions, including the payment of Defendants' attorneys' fees and 22 costs that result from any such filings.

IT IS SO ORDERED.

20120515

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