Wilburn v. Bratcher et al
Filing
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ORDER signed by Magistrate Judge Gregory G. Hollows on 4/5/16 GRANTING Plaintiff 30 days from the date of service of this order to file an amended complaint that complies with the terms of the district judge's dismissal and the undersigned 9;s findings and recommendations; the requirements of the FRCP, and the Local Rules of Practice; the amended complaint must bear the docket number assigned this case and must be labeled "First Amended Complaint;" failure to file an amended complaint will result in a recommendation that this action be dismissed. (Jackson, T)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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TERRENCE LAMAR WILBURN,
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No. 2:15-cv-0699 TLN GGH
Plaintiff,
v.
ORDER
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GARREN BRATCHER, et al.,
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Defendants.
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Plaintiff, proceeding pro se, filed the above-entitled action. The matter was referred to the
undersigned pursuant to Local Rule 302(c)(21).
On March 31, 2016, the presiding district judge adopted the undersigned’s findings and
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recommendations. ECF No. 59. The district judge’s order (1) dismissed plaintiff’s claims against
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defendant Helena Gweon without leave to amend; (2) granted defendant Garren Bratcher’s
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special motion to strike with leave to amend; (3) dismissed sua sponte claims one through three
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against defendant Garren Bratcher with leave to amend; (4) dismissed claims one through twelve
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with leave to amend and claim thirteen without leave to amend as to defendants Samuel D.
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Somers, Jr., George Chargin, erroneously sued as G. Chargin, Jose Yepes, erroneously sued as J.
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Yepes, Sameer Sood, erroneously sued as S. Sood, Bobby Daniels, Jeremy Ratcliffe, erroneously
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sued as J. Ratcliffe, and Kevin Patton, erroneously sued as K. Patton; (5) dismissed claims one
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through eight with leave to amend, and claims nine through thirteen without leave to amend, as to
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defendants the City of Sacramento and the Sacramento Police Department; (6) dismissed claims
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one through twelve with leave to amend and claim thirteen without leave to amend as to
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defendants Sheriff Scott Jones, Sacramento County District Attorney, Deputy District Attorney
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Laura West, Deputy Public Defender Teresa Huang, Deputy Public Defender Larry Yee, and
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Deputy Hester; and (7) dismissed claims one through eight with leave to amend, and claims nine
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through thirteen without leave to amend, as to defendants the County of Sacramento, Sacramento
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County District Attorney, Sacramento County Sheriff’s Department, and Sacramento County
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Public Defender’s Office. Id.
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Accordingly, IT IS HEREBY ORDERED that:
1. Plaintiff is granted thirty days from the date of service of this order to file an amended
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complaint that complies with the terms of the district judge’s dismissal and the undersigned’s
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findings and recommendations; the requirements of the Federal Rules of Civil Procedure, and the
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Local Rules of Practice; the amended complaint must bear the docket number assigned this case
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and must be labeled “First Amended Complaint;” failure to file an amended complaint will result
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in a recommendation that this action be dismissed.
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2. Plaintiff may, but is not required to, utilize the Pro Se Forms provided on the U.S.
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Courts website to draft his First Amended Complaint, at http://www.uscourts.gov/forms/pro-se-
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forms. The court recommends that plaintiff, in particular, review Pro Se Form 15, Complaint for
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Violation of Civil Rights (Non-Prisoner).
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Dated: April 5, 2016
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/s/ Gregory G. Hollows
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UNITED STATES MAGISTRATE JUDGE
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/GGH17; wilb0699.amend
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