Hammerlord v. City of San Diego et al
| M. Norman Hammerlord |
| City of San Diego and DOES |
| 3:2011cv01564 |
| July 14, 2011 |
| US District Court for the Southern District of California |
| San Diego Office |
| San Diego |
| Janis L. Sammartino |
| Nita L. Stormes |
| Other Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
Follow case documents by RSS
Available Case Documents
The following documents for this case are available for you to view or download:
| Document Text |
|---|
Filing
70
ORDER Granting Defendants' Motion to Dismiss Plaintiff's Second Amended Complaint 49 50 . The Court grants Defendants' motions to dismiss Plaintiff's claims for violations of the Fifth, Eighth and Ninth Amendments of the United States Constitution with prejudice. The Court grants Defendants' motions to dismiss without prejudice as to all other claims. To avoid any injustice, the Court will afford Plaintiff a final opportunity to amend his complaint to state a cognizable claim. If he wishes to do so, Plaintiff shall file a complaint addressing the deficiencies noted by the Court within 15 days of the date that this Order is electronically docketed. The Court further cautions Plaintiff that further failure to cure the deficiencies identified may result in dismissal with prejudice. Signed by Judge Janis L. Sammartino on 8/9/2013. (All non-registered users served via U.S. Mail Service)(jao)
|
|
Filing
42
ORDER granting 21 23 24 25 Defendant's Motions to Dismiss. Plaintiff's federal claims under 18 U.S.C. § 1001 and the FOIA are dismissed with prejudice and without leave to amend. Plaintiff's remaining federal claims under 42 U.S.C. § 1983 are dismissed without prejudice. Pursuant to 28 U.S.C. § 1367(c)(3), the Court declines to exercise supplemental jurisdiction over Plaintiff's remaining state law claims, and thus those claims are also dismissed wit hout prejudice. To avoid any injustice, the Court will afford Plaintiff an opportunity to amend his complaint to state a cognizable federal claim. If he wishes to do so, he shall file a complaint addressing the deficiencies noted by the Court within 15 days of the date that this Order is electronically docketed. Signed by Judge Janis L. Sammartino on 11/2/2012. (All non-registered users served via U.S. Mail Service)(jao)
|
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the California Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
