Santos Valenzuela v. Smith et al
Filing
44
ORDER Granting Plaintiff Thirty Days to File Second Amended Complaint, signed by Magistrate Judge Stanley A. Boone on 3/8/19. Second Amended Complaint Due Within Thirty Days. (Gonzalez, R)
1
2
3
4
5
6
7
8
UNITED STATES DISTRICT COURT
9
EASTERN DISTRICT OF CALIFORNIA
10
11
SANTOS VALENZUELA,
12
Plaintiff,
13
14
v.
SMITH, et al.,
15
Defendants.
16
17
18
19
)
)
)
)
)
)
)
)
)
)
)
)
Case No.: 1:17-cv-01440-LJO-SAB (PC)
ORDER GRANTING PLAINTIFF THIRTY
DAYS TO FILE SECOND AMENDED
COMPLAINT
[ECF No. 43]
Plaintiff Santos Valenzuela is appearing pro se and in forma pauperis in this civil rights action
pursuant to 42 U.S.C. § 1983.
20
On March 6, 2019, Plaintiff filed a notice of change of address, and notice regarding the filing
21
of a second amended complaint. (ECF No. 43.) Plaintiff indicates that he sent an amended complaint
22
from Chino State Prison but is unsure if the Court received it. (Id.) Plaintiff is advised that the Court
23
has not received a second amended complaint from Plaintiff, nor any other document besides the
24
instant notice. In the interest of justice, the Court will grant Plaintiff thirty additional days to file a
25
second amended complaint.
26
///
27
///
28
///
1
1
Based on the foregoing, it is HEREBY ORDERED that:
2
1.
3
Plaintiff is granted thirty (30) days from the date of service of this order to file a second
amended complaint;
2.
4
Plaintiff is advised again that an amended complaint supersedes the original complaint,
5
Forsyth v. Humana, Inc., 114 F.3d 1467, 1474 (9th Cir. 1997); King v. Atiyeh, 814 F.2d 565, 567 (9th
6
Cir. 1987), and must be “complete in itself without reference to the prior or superseded pleading,”
7
Local Rule 220. “All causes of action alleged in an original complaint which are not alleged in an
8
amended complaint are waived.” King, 814 F.2d at 567 (citing to London v. Coopers & Lybrand, 644
9
F.2d 811, 814 (9th Cir. 1981)); accord Forsyth, 114 F.3d at 1474; and
3.
10
If Plaintiff fails to file a second amended complaint, the Court will proceed with the
11
Findings and Recommendations issued on December 5, 2018, recommending the action be dismissed
12
for failure to state a cognizable claim for relief.
13
14
IT IS SO ORDERED.
15
Dated:
16
March 8, 2019
UNITED STATES MAGISTRATE JUDGE
17
18
19
20
21
22
23
24
25
26
27
28
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?