Endsley v. California Depart of State Hospitals

Filing 22

ORDER DISMISSING CASE. Signed by Judge William Alsup on 12/4/2017. The deputy clerk hereby certifies that on 12/5/2017 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. (afmS, COURT STAFF) (Filed on 12/5/2017)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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MARK ANTHONY LOWELL
ENDSLEY, and all other Non-LPS
patients who are or may be committed
to Napa State Hospital,

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ORDER OF DISMISSAL

Plaintiffs,

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No. C 16-4219 WHA

v.
CALIFORNIA DEPARTMENT OF
STATE HOSPITALS; EDMUND G.
BROWN; DOLLY MATTEUCCI;
PAM AHLIN,
Defendants.
/
Plaintiff is a civil detainee at Napa State Hospital, and he filed this civil rights complaint

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pro se about problems in the law library, the access thereto, and the failure to treat civil

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detainees better than prisoners. On November 22, 2016, the court dismissed the complaint with

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leave to amend. However, plaintiff filed his claims on behalf of a a class, and his pro se and

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detained status made him unfit to represent a class. Plaintiff was granted leave to file an

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amended complaint binging his claims on his own behalf.

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On February 22, 2017, he was granted an extension of time in which to amend his

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complaint because he had filed a motion for an interlocutory appeal in the United States Court

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of Appeals of the dismissal order. He was granted until April 1, 2017, or 28 days after a

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decision on his interlocutory appeal, whichever came later. The Court of Appeals denied the

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motion for an interlocutory appeal on March 4, 2017, but he filed a motion for rehearing en

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banc, which was then denied on March 26, 2017. Plaintiff then petitioned the United States

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Supreme Court for a writ of certiorari on July 23, 2017, and he awaits a decision on the petition.

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He was then granted another estension of time, to and to October 15, 2017, or within 28 days of

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the date his petition to the United States Supreme Court for a writ of certiorari is resolved,

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whichever came later. Plaintiff was cautioned: “Failure to amend within the designated time

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and in accordance with the order of dismissal with leave to amend result in the dismissal of this

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case. No further extensions of time will be granted.” (ECF No. 19) (emphasis in original). The

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Supreme Court denied the writ on October 24, 2017, and his deadline to amend the complaint

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was November 21, 2017. Plaintiff did not heed the warning, and he did not file an amended

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complaint by that deadline, and instead he asked for an even further extension of time.

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Plaintiff has been given one year to prepare and file his amended complaint, and he has

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not shown good cause for needing more time than that. The reason plaintiff gives for his latest

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extension of time request is that he recently lost access to an operating type-writer or printer. As

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he had not yet prepared the amended complaint, he states that he would have to submit a hand-

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written amended complaint and make copies of that amended complaint for service upon

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defendants, which he does not want to do “in this day and age.” This does not justify allowing

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more amount to cause for more time because plaintiff was never required to file a typed

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amended complaint or serve his amended upon defendants because they have not been served

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with summons or appeared. Plaintiff knows this because he filed the present motion for an

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extension of time written by hand and did not serve it on defendants. Plaintiff was cautioned

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that he would not be given a further extension of time to file his amended complaint, and that

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the case would be dismissed if he did not file an amended complaint in a timely manner. As he

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has not done so, or shown good cause why not, the request for an extension of time is DENIED

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and this case is DISMISSED without prejudice to filing his claims in a complaint on his own

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behalf and not in a pro se class action.

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The clerk shall enter judgment and close the file.

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IT IS SO ORDERED.

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Dated: December 4

, 2017.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

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