Treadway v. Hedgpeth et al

Filing 7

ORDER REOPENING CASE; ORDER DIRECTING PLAINTIFF TO FILE AN AMENDED COMPLAINT. Amended Complaint due by 9/16/2013. Signed by Judge Richard Seeborg on 7/3/13. (Attachments: # 1 Appendix Certificate of Service)(cl, COURT STAFF) (Filed on 7/3/2013)

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1 2 *E-Filed 7/3/13* 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 NORTHERN DISTRICT OF CALIFORNIA 9 SAN FRANCISCO DIVISION United States District Court For the Northern District of California 10 11 JOHN L. TREADWAY, 12 13 14 15 16 No. C 13-2113 RS (PR) Plaintiff, ORDER REOPENING ACTION; v. ORDER DIRECTING PLAINTIFF TO FILE AN AMENDED COMPLAINT A. HEDGPETH, et al., Defendants. / 17 18 The action was dismissed because plaintiff failed to comply with the Court’s order to 19 pay the filing fee or file an application to proceed in forma pauperis (“IFP”). Plaintiff since 20 has filed an IFP application (Docket No. 5), which the Court construes as containing a 21 motion to reopen the action. So construed, the motion is GRANTED. The action is 22 REOPENED, and the Clerk is directed to amend the docket accordingly. The judgment 23 (Docket No. 4) and the order of dismissal (Docket No. 3) are VACATED. Plaintiff shall file 24 an amended complaint on or before September 15, 2013. The amended complaint must 25 include the caption and civil case number used in this order (13-2113 RS (PR)) and the 26 words FIRST AMENDED COMPLAINT on the first page. Because an amended complaint 27 28 No. C 13-2113 RS (PR) ORDER REOPENING ACTION 1 completely replaces the previous complaints, plaintiff must include in his amended complaint 2 all the claims he wishes to present and all of the defendants he wishes to sue. See Ferdik v. 3 Bonzelet, 963 F.2d 1258, 1262 (9th Cir. 1992). Any claims not raised in the amended 4 complaint will be deemed waived. Plaintiff may not incorporate material from the prior 5 complaint by reference. Failure to file an amended complaint in accordance with this order 6 will result in dismissal of this action with prejudice for failure to prosecute. See Fed. R. Civ. 7 P. 41(b). No extensions of time will be granted, owing to the large period of time 8 afforded plaintiff. The Clerk shall terminate Docket No. 5. 9 United States District Court For the Northern District of California 10 IT IS SO ORDERED. DATED: July 3, 2013 RICHARD SEEBORG United States District Judge 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 No. C 13-2113 RS (PR) ORDER REOPENING ACTION 28 2

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