Scarlett

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8 UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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12 SIDNEY THEODORE SCARLETT, Case No. 19-CV-07466-LHK

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ORDER DISMISSING COMPLAINT

WITHOUT PREJUDICE

14 v. Re: Dkt. No. 11 15 AMIR REZA ALEMZADEH, 16 Defendant. 17 18 Plaintiff Sidney Theodore Scarlett (“Scarlett”) filed this pro se civil rights complaint 19 against Defendant Amir Reza Alemzadeh (“Defendant” or “Alemzadeh”) and alleged violations of 20 Scarlett’s constitutional rights under the Fourth Amendment and Brady v. Maryland, 373 U.S. 83 21 (1963). ECF No. 1 (“Compl.”). Because the Complaint alleges constitutional violations that 22 would affect a pending California criminal action against Scarlett, the Court DISMISSES without 23 prejudice Scarlett’s claim for injunctive and declaratory relief. 24 I. BACKGROUND 25 Scarlett, proceeding pro se, alleges that in February 2015, he was unlawfully arrested and 26 his residence was illegally searched without a search warrant in violation of the Fourth 27 Amendment. Compl. at 10. Scarlett’s…