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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*E-Filed 12/16/13*

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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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JAMES EDWARDS RICKLEFFS,

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No. C 13-2953 RS (PR)

Plaintiff,

ORDER REOPENING ACTION;

v.

ORDER DIRECTING PLAINTIFF TO
FILE AN AMENDED COMPLAINT

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VELASQUEZ and
15 E. JAMES,
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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 a complete application to proceed in forma pauperis (“IFP”).

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Plaintiff since has perfected his IFP application and moved to reopen the action. (Docket No.

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10). The motion is GRANTED. The action is REOPENED, and the Clerk is directed to

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amend the docket accordingly. The judgment (Docket No. 9) and the order of dismissal

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(Docket No. 8) are VACATED.

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Plaintiff shall file an amended complaint on or before February 15, 2014. The

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amended complaint must include the caption and civil case number used in this order

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(13-2953 RS (PR)) and the words FIRST AMENDED COMPLAINT on the first page.

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Because an amended complaint completely replaces the previous complaints, plaintiff must

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No. C 13-2953 RS (PR)
ORDER REOPENING ACTION

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include in his amended complaint all the claims he wishes to present and all of the defendants

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he wishes to sue. See Ferdik v. Bonzelet, 963 F.2d 1258, 1262 (9th Cir. 1992). Any claims

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not raised in the amended complaint will be deemed waived. Plaintiff may not incorporate

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material from the prior complaint by reference. Failure to file an amended complaint in

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accordance with this order will result in dismissal of this action with prejudice for failure to

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prosecute. See Fed. R. Civ. P. 41(b). The Clerk shall terminate Docket No. 10.

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IT IS SO ORDERED.

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DATED: December 16, 2013
RICHARD SEEBORG
United States District Judge

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United States District Court
For the Northern District of California

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No. C 13-2953 RS (PR)
ORDER REOPENING ACTION