Free Motion to Dismiss - District Court of California - California

Case 3:07-cv-05086-WHA

Document 7-2

Filed 11/06/2007

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1 EDMUND G. BROWN JR. Attorney General of the State of California 2 SUSAN M. CARSON Supervising Deputy Attorney General 3 GEORGE PRINCE, State Bar No. 133877 Deputy Attorney General 455 Golden Gate Avenue, Suite 11000 4 San Francisco, CA 94102-7004 Telephone: (415) 703-5749 5 Fax: (415) 703-5480 6 7 Attorneys for Defendants 8 9 10 11 12 13 14 v. 15 16 17 18 19 20 Defendants have moved the Court for an order dismissing this action for failure to state JOHN A. WAGNER, Director of the California Department of Social Services, in his official capacity; MARY AULT, Deputy Director of the Children and Family services Division of the California Department of Social Services, in her official capacity, Defendants. CALIFORNIA STATE FOSTER PARENT ASSOCIATION, CALIFORNIA STATE CARE PROVIDERS ASSOCIATION, and LEGAL ADVOCATES FOR PERMANENT PARENTING, Plaintiffs, C 07-5086 JL [PROPOSED] ORDER GRANTING DEFENDANTS' MOTION TO DISMISS IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

21 a claim upon which relief can be granted, pursuant to Rule 12(b)(6) of the Federal Rules of Civil 22 Procedure, on the ground that the complaint cannot be sustained against as plaintiffs have no 23 private right of action under 42 U.S.C. § 1983 to enforce provisions of the Child Welfare Act. 24 For the set forth in defendants' moving papers, the motion is granted. Plaintiffs'

25 complaint is hereby dismissed without leave to amend. 26 27 28
[Proposed] Order Granting Defendants' Mtn. to Dismiss

IT IS SO ORDERED. DATED: ________________ ____________________________________ HONORABLE JAMES LARSON UNITED STATES DISTRICT COURT
California State Foster Parent Association, et al. v. Wagner C 07-5086 JL

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