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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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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GEORGE LEE, E15396,

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Plaintiff(s),

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vs.
A. HEDGPETH, et al.,

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Defendant(s).

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No. C 12-5003 CRB (PR)
ORDER OF DISMISSAL WITH
LEAVE TO AMEND

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Plaintiff, a prisoner at Salinas Valley State Prison (SVSP), has filed a pro

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se complaint under 42 U.S.C. § 1983 alleging that prison officials have denied

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him meaningful access to the courts by denying him access to the law library and

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to "indigent supplies." Plaintiff since also filed a request for an order to show

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cause and a letter expanding on his allegations of denial of meaningful access to

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the courts at SVSP.

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Plaintiff's complaint will be DISMISSED with leave to amend to

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incorporate all of his allegations of denial of access to the courts into an amended

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complaint, within 30 days of this order. The pleading must be simple and concise

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and must include the caption and civil case number used in this order and the

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words FIRST AMENDED COMPLAINT on the first page. Failure to file a

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proper amended complaint within the designated time will result in the dismissal

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of this action.

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Plaintiff is advised that the amended complaint will supersede the original

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complaint and all other pleadings. Claims and defendants not included in the

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amended complaint will not be considered by the court. See King v. Atiyeh, 814

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F.2d 565, 567 (9th Cir. 1987).

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Plaintiff is further advised that he must link any named defendants to his

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allegations of wrongdoing. He must allege specific facts showing how each

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named defendant actually and proximately caused the deprivation of his federally

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protected rights of which he complains (i.e., denial of access to the courts). See

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Leer v. Murphy, 844 F.2d 628, 633-34 (9th Cir. 1988).

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SO ORDERED.

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DATED: Feb. 21, 2013
CHARLES R. BREYER
United States District Judge

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G:\PRO-SE\CRB\CR.12\Lee, G.12-5003.dwlta.wpd

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