Burghardt -v- Franz

Filing 11

ORDER REOPENING ACTION; ORDER DISMISSING COMPLAINT WITH LEAVE TO AMEND. Signed by Judge Richard Seeborg on 4/8/13. (Attachments: # 1 Appendix Certificate of Service)(cl, COURT STAFF) (Filed on 4/8/2013)

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*E-filed 4/8/13*

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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United States District Court
For the Northern District of California

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SAN FRANCISCO DIVISION

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DARRYL BURGHARDT,

No. C 12-5190 RS (PR)

Plaintiff,

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v.

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ORDER REOPENING ACTION;

J. FRANZ, et al.,

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ORDER DISMISSING COMPLAINT
WITH LEAVE TO AMEND
Defendants.
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This federal civil rights action was dismissed because plaintiff failed to comply with

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the Court’s order to pay the filing fee or file a complete application to proceed in forma

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pauperis (“IFP”). Plaintiff since has filed the necessary IFP documentation and moved to

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reopen the action. His motion to reopen the action (Docket No. 10) is GRANTED, the action

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is hereby REOPENED, and the Clerk is directed to update the docket accordingly. The

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judgment (Docket No. 7) and the order of dismissal (Docket No. 6) are hereby VACATED.

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In order to ensure that plaintiff’s claims are up to date, the complaint is

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DISMISSED with leave to file an amended complaint on or before June 15, 2013. No

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extensions of time will be granted. A civil rights complaint form will be sent to plaintiff.

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

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No. C 12-5190 RS (PR)
ORDER REOPENING ACTION

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(12-5190 RS (PR)) and the words FIRST AMENDED COMPLAINT on the first page.

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Because an amended complaint completely replaces the previous complaints, plaintiff must

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include in his first amended complaint all the claims he wishes to present and all of the

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defendants he wishes to sue. See Ferdik v. Bonzelet, 963 F.2d 1258, 1262 (9th Cir. 1992).

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Any claims not raised in the first amended complaint will be deemed waived. Plaintiff may

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not incorporate material from the prior complaint by reference. Failure to file an amended

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complaint in accordance with this order will result in dismissal of this action without further

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notice to plaintiff.

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It is plaintiff’s responsibility to prosecute this case. Plaintiff must keep the Court

United States District Court
For the Northern District of California

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informed of any change of address by filing a separate paper with the clerk headed “Notice

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of Change of Address.” He must comply with the Court’s orders in a timely fashion or ask

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for an extension of time to do so. Failure to comply may result in the dismissal of this

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action pursuant to Federal Rule of Civil Procedure 41(b). The Clerk shall terminate Docket

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No. 10.

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IT IS SO ORDERED.
DATED: April 8, 2013
RICHARD SEEBORG
United States District Judge

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No. C 12-5190 RS (PR)
ORDER REOPENING ACTION