Rickleffs v. Velasquez et al

Filing 12

ORDER REOPENING CASE; ORDER DIRECTING PLAINTIFF TO FILE AN AMENDED COMPLAINT. Signed by Judge Richard Seeborg on 12/16/13. (Attachments: # 1 Certificate/Proof of Service)(cl, COURT STAFF) (Filed on 12/16/2013)

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1 2 *E-Filed 12/16/13* 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 JAMES EDWARDS RICKLEFFS, 12 13 No. C 13-2953 RS (PR) Plaintiff, ORDER REOPENING ACTION; v. ORDER DIRECTING PLAINTIFF TO FILE AN AMENDED COMPLAINT 14 VELASQUEZ and 15 E. JAMES, 16 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 a complete application to proceed in forma pauperis (“IFP”). 20 Plaintiff since has perfected his IFP application and moved to reopen the action. (Docket No. 21 10). The motion is GRANTED. The action is REOPENED, and the Clerk is directed to 22 amend the docket accordingly. The judgment (Docket No. 9) and the order of dismissal 23 (Docket No. 8) are VACATED. 24 Plaintiff shall file an amended complaint on or before February 15, 2014. The 25 amended complaint must include the caption and civil case number used in this order 26 (13-2953 RS (PR)) and the words FIRST AMENDED COMPLAINT on the first page. 27 Because an amended complaint completely replaces the previous complaints, plaintiff must 28 No. C 13-2953 RS (PR) ORDER REOPENING ACTION 1 include in his amended complaint all the claims he wishes to present and all of the defendants 2 he wishes to sue. See Ferdik v. Bonzelet, 963 F.2d 1258, 1262 (9th Cir. 1992). Any claims 3 not raised in the amended complaint will be deemed waived. Plaintiff may not incorporate 4 material from the prior complaint by reference. Failure to file an amended complaint in 5 accordance with this order will result in dismissal of this action with prejudice for failure to 6 prosecute. See Fed. R. Civ. P. 41(b). The Clerk shall terminate Docket No. 10. 7 IT IS SO ORDERED. 8 DATED: December 16, 2013 RICHARD SEEBORG United States District Judge 9 United States District Court For the Northern District of California 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 No. C 13-2953 RS (PR) ORDER REOPENING ACTION

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