Vincent Price McCowan v. A. Avalos et al

Filing 19

ORDER DISMISSING COMPLAINT WITH LEAVE TO AMEND. Amended Complaint due by 4/16/2013. Signed by Judge Richard Seeborg on 3/6/13. (Attachments: # 1 Appendix Certificate of Service)(cl, COURT STAFF) (Filed on 3/6/2013)

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*E-Filed 3/6/13*

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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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ORDER DISMISSING COMPLAINT
WITH LEAVE TO AMEND

Plaintiff,

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No. C 12-5631 RS (PR)

VINCENT PRICE MCCOWAN,

v.
A. AVALOS, et al.,
Defendants.
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This is a federal civil rights action. Plaintiff must use this Court’s civil rights

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complaint form, a copy of which will be mailed to him. Accordingly, the complaint is

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hereby DISMISSED with leave to file an amended complaint on or before April 16,

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2013. Failure to file an amended complaint by April 16, 2013 will result in the

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dismissal, pursuant to Federal Rule of Civil Procedure 41(b), of the action with

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prejudice for failure to prosecute. This first amended complaint must include the caption

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and civil case number used in this order (12-5631 RS (PR)) and the words FIRST

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AMENDED COMPLAINT on the first page. Because an amended complaint completely

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replaces the previous complaints, plaintiff must include in his first amended complaint all the

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claims he wishes to present and all of the defendants he wishes to sue. See Ferdik v.

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No. C 12-5631 RS (PR)
ORDER DISMISSING COMPLAINT

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Bonzelet, 963 F.2d 1258, 1262 (9th Cir. 1992). Plaintiff may not incorporate material from

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the prior complaint by reference. Any claims not raised in the amended complaint will be

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deemed waived. Failure to file an amended complaint in accordance with this order will

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result in dismissal of this action without further notice to plaintiff.

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

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

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

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

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pursuant to Federal Rule of Civil Procedure 41(b).

United States District Court
For the Northern District of California

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IT IS SO ORDERED.
DATED: March 6, 2013
RICHARD SEEBORG
United States District Judge

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No. C 12-5631 RS (PR)
ORDER DISMISSING COMPLAINT