Hopkins v. Contra Costa Sheriff Department et al

Filing 9

ORDER OF DISMISSAL WITH LEAVE TO AMEND. Signed by Judge JEFFREY S. WHITE on 5/13/13. (jjoS, COURT STAFF) (Filed on 5/13/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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KEVIN LAMAR HOPKINS,

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Plaintiff,
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v.
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CONTRA COSTA COUNTY SHERIFF )
DEPARTMENT; SAM ROSALES;
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THOMAS NORVELL; SHERIFF DAVID )
O. LIVINGSTON, et al.,
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Defendants.
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__________________________________ )

No. C 13-0205 JSW (PR)

ORDER OF DISMISSAL WITH
LEAVE TO AMEND

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This case was opened when Plaintiff, an inmate at the Contra Costa County Jail,
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filed a “motion for injunction and/or further relief.” It is possible that Plaintiff intended
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to file the motion in his currently pending case against Contra Costa County officials,
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Hopkins v. Contra Costa County, et al., No. C 12-0813 JSW, but he did not include that
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case number in the caption of the motion and therefore the Clerk treated the motion as a
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complaint filed in a new case. If Plaintiff does intend to open a new case, the motion
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does not suffice as a complaint. The motion alleges that Plaintiff is not receiving
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orthopedic devices that are medically required, that he is being harassed by jail staff, that
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false disciplinary charges have been levied against him, and that he has been denied
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envelopes, paper and postage. He does not identify which of the defendants were
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involved in these different alleged actions. He also does not allege when these events

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took place.

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The complaint is DISMISSED WITH LEAVE TO AMEND. Plaintiff shall file

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an amended complaint within thirty (30) days from the date this order is filed. The

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amendment must include the caption and civil case number used in this order (No. C 13-

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0205 JSW (PR)) and the words “COURT-ORDERED FIRST AMENDED

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

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the original complaint, see Ferdik v. Bonzelet, 963 F.2d 1258, 1262 (9th Cir. 1992),

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Plaintiff may not incorporate material from the original by reference. Failure to amend

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within the designated time and in accordance with this order will result in the dismissal

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of this action.

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If Plaintiff intended to file the motion for injunction in his pending case, he must
re-file the motion with the appropriate case number in the caption of the complaint.
IT IS SO ORDERED.
DATED: May 13, 2013

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JEFFREY S. WHITE
United States District Judge

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UNITED STATES DISTRICT COURT

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FOR THE

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NORTHERN DISTRICT OF CALIFORNIA

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KEVIN LAMAR HOPKINS,

Case Number: CV13-00205 JSW

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Plaintiff,

CERTIFICATE OF SERVICE

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v.

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CONTRA COSTA SHERRIFF DEPT. ET AL
et al,
Defendant.

/

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I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District
Court, Northern District of California.
That on May 13, 2013, I SERVED a true and correct copy(ies) of the attached, by placing said
copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing
said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery
receptacle located in the Clerk's office.

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Kevin Lamar Hopkins CC12E0189
West County Detention Facility
5555 Giant Highway
Richmond, CA 94806

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Dated: May 13, 2013

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Richard W. Wieking, Clerk
By: Jennifer Ottolini, Deputy Clerk