Opinion
2:21-cv-1315 TLN DB PS
10-18-2022
BRIHANA HANIBLE, Plaintiff, v. SOLANO COUNTY SHERIFF'S OFFICE, et al., Defendants,
ORDER
DEBOFAH BARNES UNITED STATES MAGISTRATE JUDGE.
Plaintiff Brihana Hanible is proceeding in this action pro se. This matter was referred to the undersigned in accordance with Local Rule 302(c)(21) and 28 U.S.C. § 636(b)(1). On February 2, 2022, plaintiff filed an amended complaint. (ECF No. 22.) On February 17, 2022, defendants filed a partial motion to dismiss. (ECF No. 23.) In this regard, defendants' motion to dismiss did not seek dismissal of the amended complaint's claims of excessive force, violation of California's Bane Act, or for assault and battery. (ECF No. 37 at 6.)
On August 9, 2022, the undersigned granted defendants' partial motion to dismiss and granted plaintiff twenty-eight days to file a second amended complaint. (Id. at 12.) The twentyeight-day period has passed and plaintiff has not filed a second amended complaint. In this regard, it appears that plaintiff has elected to proceed on the amended complaint's remaining claims of excessive force, violation of the Bane Act, assault, and battery, and consents to the dismissal of all other claims. Defendants, therefore, will be directed to file an answer to the amended complaint's remaining claims.
Accordingly, IT IS HEREBY ORDERED that within fourteen days of the date of this order defendants file an answer to the amended complaint's claims of excessive force, violation of the Bane Act, assault, and battery.