Simpson v. Grounds et al

Filing 11

ORDER VACATING DISMISSAL ORDER AND REQUIRING AMENDED COMPLAINT. Amended Complaint due by 5/3/2013.. Signed by Judge Edward M. Chen on 3/22/13. (bpf, COURT STAFF) (Filed on 3/22/2013)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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CHAUNCEY R. SIMPSON,

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Plaintiff,
v.

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For the Northern District of California

United States District Court

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No. C 12-1024 EMC (pr)

R. GROUNDS, Warden; et al.,

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ORDER VACATING DISMISSAL
ORDER AND REQUIRING AMENDED
COMPLAINT

Defendants.
___________________________________/

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This pro se civil action was dismissed on August 1, 2012 because Plaintiff failed to pay the

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filing fee or file the required in forma pauperis application by the July 16, 2012 deadline. The order

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of dismissal crossed in the courthouse mail with a belated in forma pauperis application that

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Plaintiff did file. In light of the fact that Plaintiff did file an in forma pauperis application (although

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it was late) and in the interest of justice, the Court now VACATES the order of dismissal and

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judgment.

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Plaintiff's "motion for order for defendant(s) employing agency to process in forma pauperis

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application" is DENIED as unnecessary. (Docket # 10.) By the time that motion was filed,

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Plaintiff's in forma pauperis completed application already had been filed. The Court will rule on

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the in forma pauperis application in a separate order.

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At the time he submitted his belated in forma pauperis application, Plaintiff filed a form

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complaint with the case number for this case written on the first page. (Docket # 9.) The Court

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construes the document to be an amended complaint. The amended complaint directs the reader to

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"see attached pages # 10-13" for the statement of his claim. See Docket # 9, p. 3. There are no

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pages attached to the four-page form, however, so it fails to state a claim against any defendant. No

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later than May 3, 2013, Plaintiff must file an amended complaint that contains a complete statement

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of his claim(s) against the defendants. Plaintiff is cautioned that he must promptly comply with all

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deadlines set by the Court.

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IT IS SO ORDERED.
Dated: March 22, 2013

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_________________________
EDWARD M. CHEN
United States District Judge

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For the Northern District of California

United States District Court

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UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA

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CHAUNCEY R SIMPSON,
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Case Number: CV12-01024 EMC
Plaintiff,

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CERTIFICATE OF SERVICE
v.

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GROUNDS 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. District
Court, Northern District of California.
That on March 22, 2013, 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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Chauncey Reene Simpson C-21848
Correctional Training Facility
P.O. Box 689
Soledad, CA 93960
Dated: March 22, 2013
Richard W. Wieking, Clerk
By: Betty Lee, Deputy Clerk

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