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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*E-Filed 7/3/13*

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

United States District Court
For the Northern District of California

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JOHN L. TREADWAY,

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No. C 13-2113 RS (PR)

Plaintiff,

ORDER REOPENING ACTION;

v.

ORDER DIRECTING PLAINTIFF TO
FILE AN AMENDED COMPLAINT

A. HEDGPETH, et al.,
Defendants.
/

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The action was dismissed because plaintiff failed to comply with the Court’s order to

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pay the filing fee or file an application to proceed in forma pauperis (“IFP”). Plaintiff since

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has filed an IFP application (Docket No. 5), which the Court construes as containing a

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motion to reopen the action. So construed, the motion is GRANTED. The action is

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REOPENED, and the Clerk is directed to amend the docket accordingly. The judgment

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(Docket No. 4) and the order of dismissal (Docket No. 3) are VACATED. Plaintiff shall file

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an amended complaint on or before September 15, 2013. The amended complaint must

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include the caption and civil case number used in this order (13-2113 RS (PR)) and the

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words FIRST AMENDED COMPLAINT on the first page. Because an amended complaint

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No. C 13-2113 RS (PR)
ORDER REOPENING ACTION

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

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

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Bonzelet, 963 F.2d 1258, 1262 (9th Cir. 1992). Any claims not raised in the amended

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

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

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will result in dismissal of this action with prejudice for failure to prosecute. See Fed. R. Civ.

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P. 41(b). No extensions of time will be granted, owing to the large period of time

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afforded plaintiff. The Clerk shall terminate Docket No. 5.

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United States District Court
For the Northern District of California

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IT IS SO ORDERED.
DATED: July 3, 2013
RICHARD SEEBORG
United States District Judge

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No. C 13-2113 RS (PR)
ORDER REOPENING ACTION

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