Williams v. Dahl

Filing 9

ORDER VACATING ORDER OF DISMISSAL AND JUDGMENT, AND REOPENING CASE. Signed by Judge Charles R. Breyer on 6/23/2017. (Attachments: # 1 Certificate/Proof of Service)(lsS, COURT STAFF) (Filed on 6/23/2017)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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WILLIE WILLIAMS, AE8191,
Plaintiff(s),

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vs.
M. DAHL, Correctional Counselor,
Defendant(s).

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No. C 17-0461 CRB (PR)
ORDER VACATING ORDER
OF DISMISSAL AND
JUDGMENT, AND
REOPENING CASE

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On April 24, 2017, the court dismissed with leave to amend plaintiff’s pro

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se prisoner complaint under 42 U.S.C. § 1983 to allege, if possible, facts showing

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that defendant: (1) knew that plaintiff faced a substantial risk of serious harm and

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disregarded that risk by failing to take reasonable steps to abate it, and (2)

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actually and proximately caused the deprivation of plaintiff’s Eighth Amendment

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rights. The court made clear that failure to file a proper amended complaint

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within 28 days will result in the dismissal of this action.

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On May 31, 2017, the court dismissed plaintiff’s action because more than

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28 days had passed and plaintiff had neither filed a proper amended complaint

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nor sought an extension of time to do so.

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On June 8, 2017, plaintiff filed a letter claiming that he never received the

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April 24, 2017 order of dismissal with leave to amend. And several days later, he

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filed a second letter to which he attached his prison mail log, showing that he

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received no mail from the court during the moths of April or May 2017.

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Good cause appearing therefor, the May 31, 2017 order of dismissal and

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accompanying judgment (ECF Nos. 5 & 6) are VACATED, and the clerk is

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instructed to reopen this case and send plaintiff a copy of the April 24, 2017 order

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of dismissal with leave to amend.

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Plaintiff may amend, as indicated in the April 24, 2017 order of dismissal

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with leave to amend, within 28 days of this order. The pleading must be simple

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and concise, and must include the caption and civil case number used in this

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order and the words FIRST AMENDED COMPLAINT on the first page. Failure

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to file a proper amended complaint within the designated time will result in the

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dismissal of this action.

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SO ORDERED.

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DATED: June 23, 2017

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CHARLES R. BREYER
United States District Judge

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G:\PRO-SE\CRB\CR.17\Williams, W.17-0461.reopen.wpd

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