Law

Law v. Mooney

Good Law
United States District Court, Northern District of CaliforniaDecember 8, 20234:23-cv-05287California437 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 CARLOS GILBERT LAW, Case No. 23-cv-05287-JST

Plaintiff,

ORDER REGARDING AMENDED

v. COMPLAINT

STAR MOONEY, et al., Re: ECF No. 10 Defendants.

12 Plaintiff has filed the instant pro se civil rights action pursuant to 42 U.S.C. § 1983. On November 13, 2023, the Court screened the complaint and found that it stated a cognizable claim against Defendant San Francisco Police Department (“SFPD”) Officer Balingit and dismissed the claims against SFPD Officers Mooney and Russak, as well as the Monell claim against the City and County of San Francisco with leave to amend. On November 16, Plaintiff filed an amended complaint with the Court. ECF No. 10. While the amended complaint names Officer Balingit in the caption, the body of the complaint only states a claim against Officer Mooney. Id. Naming a defendant in the caption is insufficient to state a claim against the person and an amended complaint completely replaces the previous…

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