Deaton v. Diaz

Summary

The United States District Court for the Northern District of California partially dismissed Herbert Nathaniel Deaton’s § 1983 complaint concerning alleged denial of meals at San Francisco County Jail #3. The case continues against Jose Diaz on a Fourteenth Amendment claim, while the remaining defendants and claims were dismissed, and the court ordered service and established a dispositive-motion schedule.

Holdings

1. Because plaintiff did not file an amended complaint or otherwise communicate with the court after receiving leave to amend, all defendants other than Jose Diaz remained dismissed.
2. The case may continue against Jose Diaz on the Fourteenth Amendment claim concerning denial of meals, and the Clerk and United States Marshal were ordered to serve Diaz with the complaint and order without prepayment of fees.

Questions Presented

1. Whether the claims and defendants previously dismissed with leave to amend should remain dismissed when plaintiff failed to file an amended complaint.
2. Whether the surviving Fourteenth Amendment claim against Jose Diaz should proceed to service.

Disposition

other