Lee v. Hedgpeth

Filing 7

ORDER OF DISMISSAL WITH LEAVE TO AMEND within 30 days. Signed by Judge Charles R. Breyer on 2/21/2013. (Attachments: # 1 Certificate/Proof of Service)(beS, COURT STAFF) (Filed on 2/27/2013)

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1 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT 8 FOR THE NORTHERN DISTRICT OF CALIFORNIA 9 10 GEORGE LEE, E15396, 11 Plaintiff(s), 12 13 vs. A. HEDGPETH, et al., 14 Defendant(s). ) ) ) ) ) ) ) ) ) ) No. C 12-5003 CRB (PR) ORDER OF DISMISSAL WITH LEAVE TO AMEND 15 16 Plaintiff, a prisoner at Salinas Valley State Prison (SVSP), has filed a pro 17 se complaint under 42 U.S.C. ยง 1983 alleging that prison officials have denied 18 him meaningful access to the courts by denying him access to the law library and 19 to "indigent supplies." Plaintiff since also filed a request for an order to show 20 cause and a letter expanding on his allegations of denial of meaningful access to 21 the courts at SVSP. 22 Plaintiff's complaint will be DISMISSED with leave to amend to 23 incorporate all of his allegations of denial of access to the courts into an amended 24 complaint, within 30 days of this order. The pleading must be simple and concise 25 and must include the caption and civil case number used in this order and the 26 words FIRST AMENDED COMPLAINT on the first page. Failure to file a 27 proper amended complaint within the designated time will result in the dismissal 28 of this action. 1 Plaintiff is advised that the amended complaint will supersede the original 2 complaint and all other pleadings. Claims and defendants not included in the 3 amended complaint will not be considered by the court. See King v. Atiyeh, 814 4 F.2d 565, 567 (9th Cir. 1987). 5 Plaintiff is further advised that he must link any named defendants to his 6 allegations of wrongdoing. He must allege specific facts showing how each 7 named defendant actually and proximately caused the deprivation of his federally 8 protected rights of which he complains (i.e., denial of access to the courts). See 9 Leer v. Murphy, 844 F.2d 628, 633-34 (9th Cir. 1988). 10 SO ORDERED. 11 DATED: Feb. 21, 2013 CHARLES R. BREYER United States District Judge 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 G:\PRO-SE\CRB\CR.12\Lee, G.12-5003.dwlta.wpd 27 28 2

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