Cook v. Kamalnath et al

Filing 25

ORDER REOPENING CASE. Amended Complaint due by 12/10/2018. Signed by Judge Richard Seeborg on 10/31/18. (cl, COURT STAFF) (Filed on 10/31/2018) Modified on 10/31/2018 (cl, COURT STAFF). The deputy clerk hereby certifies that on 10/31/18 a copy of this order was served by sending it via first-class mail to the address of each non-CM/ECF user listed on the Notice of Electronic Filing.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ERIC DARNELL COOK,

United States District Court
Northern District of California

Plaintiff,

Case No. 15-cv-05570-RS (PR)

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v.

ORDER REOPENING ACTION

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P. KAMALNATH, et al.,
Defendants.

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Plaintiff’s motion for reconsideration, which the Court construes as a motion to

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reopen, is GRANTED. (Dkt. No. 17.) The judgment and the order of dismissal are

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VACATED.

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On or before December 10, 2018, plaintiff shall file an amended complaint. The

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new complaint must include the caption and civil case number used in this order (15-05570

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RS (PR)) and the words FIRST AMENDED COMPLAINT on the first page. Because an

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

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

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wishes to sue. See Ferdik v. Bonzelet, 963 F.2d 1258, 1262 (9th Cir. 1992). He may not

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incorporate material from the prior complaint by reference. The complaint must also

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appear on this Court’s form, a copy of which will be sent to him. Failure to file an

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amended complaint that complies in all respects with this order will result in dismissal of

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this action without further notice to plaintiff.

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No extensions of time will be granted. Plaintiff’s motion for the marshal to serve

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the complaint is DENIED. (Dkt. No. 22.) The Clerk shall terminate Dkt. Nos. 17 and 22.

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IT IS SO ORDERED.
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Dated: October ___, 2018

_________________________
RICHARD SEEBORG
United States District Judge

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United States District Court
Northern District of California

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<< SHORT ORDER TITLE >>
CASE NO. 15-cv-05570-RS

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