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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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 NORTHERN DISTRICT OF CALIFORNIA 7 8 CHAUNCEY R. SIMPSON, 9 Plaintiff, v. 11 For the Northern District of California United States District Court 10 No. C 12-1024 EMC (pr) R. GROUNDS, Warden; et al., 12 ORDER VACATING DISMISSAL ORDER AND REQUIRING AMENDED COMPLAINT Defendants. ___________________________________/ 13 14 This pro se civil action was dismissed on August 1, 2012 because Plaintiff failed to pay the 15 filing fee or file the required in forma pauperis application by the July 16, 2012 deadline. The order 16 of dismissal crossed in the courthouse mail with a belated in forma pauperis application that 17 Plaintiff did file. In light of the fact that Plaintiff did file an in forma pauperis application (although 18 it was late) and in the interest of justice, the Court now VACATES the order of dismissal and 19 judgment. 20 Plaintiff's "motion for order for defendant(s) employing agency to process in forma pauperis 21 application" is DENIED as unnecessary. (Docket # 10.) By the time that motion was filed, 22 Plaintiff's in forma pauperis completed application already had been filed. The Court will rule on 23 the in forma pauperis application in a separate order. 24 At the time he submitted his belated in forma pauperis application, Plaintiff filed a form 25 complaint with the case number for this case written on the first page. (Docket # 9.) The Court 26 construes the document to be an amended complaint. The amended complaint directs the reader to 27 "see attached pages # 10-13" for the statement of his claim. See Docket # 9, p. 3. There are no 28 pages attached to the four-page form, however, so it fails to state a claim against any defendant. No 1 later than May 3, 2013, Plaintiff must file an amended complaint that contains a complete statement 2 of his claim(s) against the defendants. Plaintiff is cautioned that he must promptly comply with all 3 deadlines set by the Court. 4 5 IT IS SO ORDERED. Dated: March 22, 2013 6 _________________________ EDWARD M. CHEN United States District Judge 7 8 9 11 For the Northern District of California United States District Court 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 1 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA 2 3 CHAUNCEY R SIMPSON, 4 Case Number: CV12-01024 EMC Plaintiff, 5 CERTIFICATE OF SERVICE v. 6 GROUNDS et al, 7 Defendant. 8 9 11 For the Northern District of California United States District Court 10 12 / 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. 13 14 15 16 17 18 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 19 20 21 22 23 24 25 26 27 28 3

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