Rickleffs v. Velasquez et al
Filing
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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
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