Ward

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 MARC R WARD, Case No. 23-cv-06167-JSC

Plaintiff,

ORDER RE: DEFENDANT

v. STANISLAUS’S MOTION TO DISMISS

SELVI STANISLAUS, Re: Dkt. No. 43 Defendant.

12 Plaintiff, who represents himself, sues Defendant Stanislaus in her official capacity as Executive Officer for the State of California Franchise Tax Board for executing a levy. (Dkt. No. 5 at 3, 5.) Before the Court is Defendant Stanislaus’s motion to dismiss. (Dkt. No. 43.) Having carefully considered the briefing, the Court concludes oral argument is unnecessary, see Civ. L. R. 7-1(b), and GRANTS Defendant Stanislaus’s motion to dismiss. Plaintiff failed to timely serve Defendant Stanislaus. Further, Plaintiff’s § 1983 damages claim against Defendant Stanislaus in her official capacity is barred by the Eleventh Amendment, and to the extent Plaintiff’s claim for prospective relief is not also barred by the Eleventh Amendment, Plaintiff fails to state a claim. …