Lopez v. Burris

Filing 5

ORDER OF DISMISSAL WITH LEAVE TO AMEND. Signed by Judge JEFFREY S. WHITE on 10/1/13. (jjoS, COURT STAFF) (Filed on 10/1/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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ROBERTO CAMPA LOPEZ,

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Plaintiff,
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v.
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CONTRA COSTA COUNTY SHERIFF )
DEPARTMENT; SAM ROSALES;
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THOMAS NORVELL; SHERIFF DAVID )
O. LIVINGSTON, et al.,
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Defendants.
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__________________________________ )

No. C 13-3330 JSW (PR)

ORDER OF DISMISSAL WITH
LEAVE TO AMEND

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This case was opened when Plaintiff, an inmate at the Contra Costa County Jail,
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filed a document entitled “Plaintiff’s Supplemental Pleadings and Second Amended
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Complaint.” The defendants and some of the allegations are similar to those in
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Plaintiff’s prior case, Lopez v. Burris, et al., No. C 10-1581 JSW, which case was closed
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after Defendants’ motion to dismiss was granted. Further leave to amend was not
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granted (Plaintiff had earlier been allowed to amend his complaint), but Plaintiff’s
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medical claims were dismissed without prejudice to re-filing after they have been
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exhausted. As a result, Plaintiff may bring such claims, or any other, in this new case.
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The trouble is that the pleading he has submitted appears to be only partial insofar as he
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states that it is “supplemental.” Plaintiff must submit a complete complaint with all the
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claims and allegations he wishes to raise, and naming all of the defendants he wishes to

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sue. Plaintiff will be given leave to amend to do so, as follows:

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Plaintiff shall file an amended complaint within twenty eight (28) days from the

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date this order is filed. Plaintiff is advised to use the Court’s complaint form. The

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

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(No. C 13-3330 JSW (PR)) and the words “COURT-ORDERED FIRST AMENDED

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COMPLAINT” on the first page. Because an amended complaint completely replaces

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the original complaint, see Ferdik v. Bonzelet, 963 F.2d 1258, 1262 (9th Cir. 1992),

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Plaintiff may not incorporate material from the original by reference. Failure to amend

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within the designated time and in accordance with this order will result in the dismissal

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of this action.

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IT IS SO ORDERED.
DATED: October 1, 2013

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JEFFREY S. WHITE
United States District Judge

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UNITED STATES DISTRICT COURT

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FOR THE

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NORTHERN DISTRICT OF CALIFORNIA

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ROBERTO LOPEZ,

Case Number: CV13-03330 JSW

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Plaintiff,

CERTIFICATE OF SERVICE

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v.

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CONTRA COSTA COUNTY SHERIFF
DEPARTMENT, et al,

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Defendant.

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I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District
Court, Northern District of California.
That on October 1, 2013, I SERVED a true and correct copy(ies) of the attached, by placing said
copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing
said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery
receptacle located in the Clerk's office.

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Roberto Campa Lopez
C22294
PBSP 5905 Lake Earl Drive
P. O. Box 7500
Crescent City, CA 95531
Dated: October 1, 2013
Richard W. Wieking, Clerk
By: Jennifer Ottolini, Deputy Clerk