Johnson v. County of Monterey

Filing 42

ORDER. Signed by Judge Jeffrey S. White on 4/11/12. (jjoS, COURT STAFF) (Filed on 4/11/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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ROY JOHNSON,

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No. C 10-04633 JSW

Plaintiff,

For the Northern District of California

United States District Court

ORDER
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v.
COUNTY OF MONTEREY,

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Defendant.
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On March 9, 2012, this Court issued an Order granting Defendant’s motion to dismiss

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and granting Plaintiff leave to amend. The Court ORDERED Plaintiff to file his amended

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complaint by no later than April 27, 2012, and it expressly advised Plaintiff that if he failed to

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file an amended complaint by that date, the Court would dismiss with prejudice.

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On April 9, 2012, the Court received an envelope of materials from Plaintiff. According

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to the proof of service submitted with those materials, Plaintiff submitted a “due process brief”

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and “various attachments.” The Court only received pages 17 and 18 of the purported brief.

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The Court ORDERS the Clerk to file those pages and the proof of service in the public record.

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The documents submitted as “various attachments” include some of Plaintiff’s medical

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records. The Court HEREBY ORDERS that all of the attachments shall be filed under seal

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pending further order of the Court.

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Because the Court did not receive a complete copy of the “due process brief,” the Court

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cannot construe the documents it did receive as an amended complaint. Accordingly, if

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Plaintiff wishes the Court to consider this brief, he must submit a complete copy of that
document by

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April 20, 2012.
Pending further order of the Court, Plaintiff still must file his amended complaint by no

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later than April 27, 2012. Pursuant to the Court’s March 9, 2012 Order, any amendment shall

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be limited to the allegations that the County violated Johnson’s right to procedural due process.

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Johnson must allege facts to show that the County has a custom, policy, or practice with respect

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to the allegations supporting the alleged violations of his due process rights.

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Finally, the Court HEREBY ADVISES Johnson that a Handbook for Pro Se Litigants,

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which is available through the Court’s website or in the Clerk’s office, contains helpful

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information about proceeding without an attorney. The Court also advises Johnson that he also
may wish to seek assistance from Federal Legal Assistance Self-Help program. If Johnson

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For the Northern District of California

United States District Court

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chooses to utilize this resource, he should call 408-297-1480 to make an appointment.

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IT IS SO ORDERED.
Dated: April 11, 2012
JEFFREY S. WHITE
UNITED STATES DISTRICT JUDGE

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UNITED STATES DISTRICT COURT

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FOR THE

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NORTHERN DISTRICT OF CALIFORNIA

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ROY JOHNSON,

Case Number: CV10-04633 JSW

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Plaintiff,

CERTIFICATE OF SERVICE

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v.
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COUNTY OF MONTEREY et al,
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Defendant.

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For the Northern District of California

United States District Court

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I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S.
12 District Court, Northern District of California.
13 That on April 11, 2012, I SERVED a true and correct copy(ies) of the attached, by placing
said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by
14 depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office
delivery receptacle located in the Clerk's office.
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17 Roy Johnson
P.O. Box 5371
18 Corning, CA 96021
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20 Dated: April 11, 2012
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Richard W. Wieking, Clerk
By: Jennifer Ottolini, Deputy Clerk