Luckert

Luckert v. Gutierrez

Good Law
United States District Court, Northern District of CaliforniaDecember 30, 20214:19-cv-08204California1,130 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 MICHAEL L LUCKERT, Case No. 19-cv-08204-PJH

Plaintiff,

ORDER

v. 9 Re: Dkt. No. 50 O. SMITH, et al., Defendants.

12 Plaintiff, a former county detainee, proceeds with a pro se civil rights complaint under 42 U.S.C. § 1983. He alleges that at the public library, Patrol Officer Ochoa and Deputies Smith, Gutierrez, Brule and Espiritu used excessive force in arresting him and Deputies Gutierrez and Mendoza used excessive force while placing him in a cell at the county jail. These defendants have filed a motion to dismiss on the grounds that plaintiff has failed to prosecute this action by failing to respond to discovery requests and failing to appear for a deposition. Defendants have also filed a motion for summary judgment on the merits. MOTION TO DISMISS A district court may dismiss an action for failure to prosecute, for failure to comply with a court order, or for failure to comply with the Federal Rules of Civil Procedure. Fed. 24 …

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