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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1 \ 2 *E-filed 4/8/13* 3 4 5 6 7 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 United States District Court For the Northern District of California 8 SAN FRANCISCO DIVISION 11 12 DARRYL BURGHARDT, No. C 12-5190 RS (PR) Plaintiff, 13 14 v. 15 ORDER REOPENING ACTION; J. FRANZ, et al., 16 ORDER DISMISSING COMPLAINT WITH LEAVE TO AMEND Defendants. / 17 18 This federal civil rights action was dismissed because plaintiff failed to comply with 19 the Court’s order to pay the filing fee or file a complete application to proceed in forma 20 pauperis (“IFP”). Plaintiff since has filed the necessary IFP documentation and moved to 21 reopen the action. His motion to reopen the action (Docket No. 10) is GRANTED, the action 22 is hereby REOPENED, and the Clerk is directed to update the docket accordingly. The 23 judgment (Docket No. 7) and the order of dismissal (Docket No. 6) are hereby VACATED. 24 In order to ensure that plaintiff’s claims are up to date, the complaint is 25 DISMISSED with leave to file an amended complaint on or before June 15, 2013. No 26 extensions of time will be granted. A civil rights complaint form will be sent to plaintiff. 27 The amended complaint must include the caption and civil case number used in this order 28 No. C 12-5190 RS (PR) ORDER REOPENING ACTION 1 (12-5190 RS (PR)) and the words FIRST AMENDED COMPLAINT on the first page. 2 Because an amended complaint completely replaces the previous complaints, plaintiff must 3 include in his first amended complaint all the claims he wishes to present and all of the 4 defendants he wishes to sue. See Ferdik v. Bonzelet, 963 F.2d 1258, 1262 (9th Cir. 1992). 5 Any claims not raised in the first amended complaint will be deemed waived. Plaintiff may 6 not incorporate material from the prior complaint by reference. Failure to file an amended 7 complaint in accordance with this order will result in dismissal of this action without further 8 notice to plaintiff. 9 It is plaintiff’s responsibility to prosecute this case. Plaintiff must keep the Court United States District Court For the Northern District of California 10 informed of any change of address by filing a separate paper with the clerk headed “Notice 11 of Change of Address.” He must comply with the Court’s orders in a timely fashion or ask 12 for an extension of time to do so. Failure to comply may result in the dismissal of this 13 action pursuant to Federal Rule of Civil Procedure 41(b). The Clerk shall terminate Docket 14 No. 10. 15 16 IT IS SO ORDERED. DATED: April 8, 2013 RICHARD SEEBORG United States District Judge 17 18 19 20 21 22 23 24 25 26 27 28 2 No. C 12-5190 RS (PR) ORDER REOPENING ACTION

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