Rivera v. Zewart et al

Filing 8

ORDER by Magistrate Judge Maria-Elena James granting 7 Motion for Extension of Time to File Amended Complaint. (Attachments: # 1 Certificate/Proof of Service)(rmm2S, COURT STAFF) (Filed on 1/13/2017)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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OMAR RIVERA,

Case No. 16-cv-04489-MEJ

Plaintiff,
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ORDER GRANTING EXTENSION OF
TIME TO FILE AMENDED
COMPLAINT

v.
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T. ZEWART, et al.,

Dkt. No. 7

Defendants.

United States District Court
Northern District of California

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Good cause being shown, Plaintiff’s request for an extension of time to file his amended

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complaint is GRANTED. Docket No. 7. Plaintiff shall file an amended complaint by February

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20, 2017 that addresses the deficiencies identified in the Court’s December 5, 2016 Order of

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Dismissal with Leave to Amend.
Plaintiff is reminded that the amended complaint must include the caption and civil case

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number used in this order, Case No. C 16-04489 MEJ (PR) and the words “AMENDED

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COMPLAINT” on the first page. If using the court form complaint, Plaintiff must answer all the

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questions on the form in order for the action to proceed.
Because an amended complaint completely replaces the previous complaints, Plaintiff

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must include in his amended complaint all the claims he wishes to present, including the claims

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which the Court has found cognizable, and all of the defendants he wishes to sue. See Ferdik v.

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Bonzelet, 963 F.2d 1258, 1262 (9th Cir. 1992). Plaintiff may not incorporate material from the

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prior complaint by reference. Failure to file an amended complaint in the time provided will result

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in dismissal of this action without further notice to Plaintiff.

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//

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This order terminates Docket No. 7.

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IT IS SO ORDERED.

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Dated: January 13, 2017
______________________________________
MARIA-ELENA JAMES
United States Magistrate Judge

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United States District Court
Northern District of California

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