Gilton

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 BARRY GILTON, et al., Case No. 22-cv-07697-WHO

8 Plaintiffs,

ORDER GRANTING MOTION TO

9 v. DISMISS

10 CITY AND COUNTY OF SAN Re: Dkt. No. 62 FRANCISCO, et al., 11 Defendants.

12 13 A jury convicted plaintiff Barry “Prell” Gilton of being involved with others in a 14 conspiracy to conduct the affairs of a criminal enterprise known as the Central Divisadero Playas 15 (“CDP”) through a pattern of racketeering activity and acquitted him of murder in aid of 16 racketeering of Calvin Sneed.1 Gilton participated in that murder, to which the other two 17 participants, both CDP members, pleaded guilty for committing Sneed’s murder in aid of 18 racketeering. It takes two racketeering acts to create a pattern, however, and I, as the trial judge, 19 granted Gilton’s post-trial motion for acquittal because there was no evidence at trial that he had 20 committed a prior racketeering act. My decision was affirmed on appeal. Now in this lawsuit, 21 Gilton and his children—Ali…