Pelton

Pelton v. Amador

Good Law
United States District Court, Northern District of CaliforniaDecember 12, 20245:22-cv-02027California2,319 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 SEAN MICHAEL PELTON, Case No. 22-cv-02027-EKL

Plaintiff,

ORDER OF SERVICE

v.

RICHARD AMADOR, et al., Defendants.

12 Plaintiff, a detainee, filed a pro se civil rights complaint under 42 U.S.C. § 1983 and the Stored Communications Act. Plaintiff alleges that a South San Francisco detective violated his Fourth Amendment rights during his arrest. Plaintiff was granted leave to proceed in forma pauperis (ECF No. 2) and the original complaint was dismissed with leave to amend (ECF No. 9). It was clear from the amended complaint, that the alleged Fourth Amendment violations were related to the criminal charges that were pending against plaintiff at that time. ECF No. 13 at 1. Therefore, this federal case was stayed pursuant to Wallace v. Kato, 549 U.S. 384, 393-94 (2007), until the criminal charges were resolved. ECF No. 13 at 1-2. Plaintiff filed a notice stating that the criminal charges had been dismissed. ECF No. 17. The stay was lifted, and the case was …

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