Woods v. Ayers

Filing 14

SECOND ORDER OF SERVICE. Signed by Judge Jeffrey S. White on 6/19/12. (jjoS, COURT STAFF) (Filed on 6/19/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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EARNEST C. WOODS, II,
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Plaintiff,
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v.
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ROBERT AYERS, et al.,
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Defendants.
__________________________________ )

No. C 11-4730 JSW (PR)
SECOND ORDER OF SERVICE

(Docket No. 13)

Plaintiff, a California prisoner proceeding pro se, filed this rights action pursuant

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to 42 U.S.C. § 1983. The Court ordered the amended complaint served upon Defendants

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Robert Ayers, Captain Cahayla, Lieutenant Frates, Sergeant Puu, Lieutenant Lee, Teresa

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Schwartz, Eric Arnold and Captain Vern Curry at San Quentin State Prison.

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The Court assumed that they were located at San Quentin because that appears

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from Plaintiff’s allegations to be where he was located at the time of the events alleged in

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the amended complaint. However, the Court ordered that if they were located elsewhere

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Plaintiff had to provide their correct location, and he was cautioned that if he did not the

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claims against any Defendant who could not be served would be dismissed pursuant to

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Rule 4(m) of the Federal Rules of Civil Procedure. Plaintiff has filed a “motion” in

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which he provides a different location for some of the Defendants. Consequently, the

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Clerk of the Court shall issue summons and the United States Marshal shall serve,

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without prepayment of fees, a copy of the amended complaint and all attachments

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thereto, and a copy of the order of service upon Defendants Teresa Schwartz, Eric

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Arnold, and Captain Vern Curry at the California Department of Corrections and

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Rehabilitation in Sacramento, California.

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Plaintiff makes a number of allegations in his motions about Defendants who

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were dismissed because the amended complaint did not include any allegations against

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them. If Plaintiff wants to make new allegations against the dismissed Defendants and

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pursue claims against them in this case, he must file a motion for leave to file a second

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amended complaint with the proposed second amended complaint attached. In the

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second amended complaint, Plaintiff may include new allegations against the dismissed

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Defendants provided that those allegations state a cognizable claim for relief against

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them. Plaintiff is cautioned that if he chooses to file a second amended complaint, he

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must include in the second amended complaint the caption and civil case number used in

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this order and the words “SECOND AMENDED COMPLAINT” and the case number

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for this case (No. C 11-4730 JSW (PR)) on the first page. Further, as Plaintiff has been

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told previously, an amended complaint completely replaces the prior complaint. see

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Ferdik v. Bonzelet, 963 F.2d 1258, 1262 (9th Cir. 1992). Consequently, Plaintiff must

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include in his second amended complaint all of the claims he wishes to raise, including

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those found cognizable from the first amended complaint; Plaintiff may not incorporate

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material from the original or amended complaints by reference.

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This order terminates docket number 13.

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IT IS SO ORDERED.

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DATED: June 19, 2012

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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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EARNEST CASSELL WOODS II,

Case Number: CV11-04730 JSW

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Plaintiff,

CERTIFICATE OF SERVICE

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v.

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ROBERT AYERS et al,

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Defendant.

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I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District
Court, Northern District of California.
That on June 19, 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 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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Earnest C. Woods D 58091
San Quentin Prison
San Quentin, CA 94974

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Dated: June 19, 2012

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Richard W. Wieking, Clerk
By: Jennifer Ottolini, Deputy Clerk