Castillo v. San Quentine State Prison et al

Filing 8

ORDER DISMISSING COMPLAINT WITH LEAVE TO AMEND. Signed by Judge Richard Seeborg on 1/15/13. (Attachments: # 1 Appendix Certificate of Service)(cl, COURT STAFF) (Filed on 1/15/2013)

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*E-Filed 1/15/13*

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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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CHRISTOPHER JAMES CASTILLO,

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ORDER DISMISSING COMPLAINT
WITH LEAVE TO AMEND

Plaintiff,

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No. C 12-5746 RS (PR)

v.
SAN QUENTIN STATE PRISON, et al.,
Defendants.
/

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This federal civil rights action was transferred here from the District of New Mexico.

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Now that the action is here, plaintiff must refile his complaint using the form used in the

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Northern District of California, a copy of which will be sent to him. Accordingly, the

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complaint is DISMISSED with leave to file an amended complaint within 30 days from

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the date of this order. The amended complaint must include the caption and civil case

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number used in this order (12-5746 RS (PR)) and the words FIRST AMENDED

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

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

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wishes to present and all of the defendants he wishes to sue. See Ferdik v. Bonzelet, 963

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F.2d 1258, 1262 (9th Cir. 1992). Any claims not raised in the first amended complaint will

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No. C 12-5746 RS (PR)
ORDER DISMISSING COMPLAINT

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be deemed waived. Plaintiff may not incorporate material from the prior complaint by

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reference. Failure to file an amended complaint in accordance with this order will result in

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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

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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).

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United States District Court
For the Northern District of California

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IT IS SO ORDERED.
DATED: January 15, 2013
RICHARD SEEBORG
United States District Judge

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No. C 12-5746 RS (PR)
ORDER DISMISSING COMPLAINT