Steward v. Gillson et al

Filing 26

ORDER REOPENING CASE. Amended Complaint due by 12/3/2018. Signed by Judge Richard Seeborg on 10/23/18. The deputy clerk hereby certifies that on 10/23/18 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. (cl, COURT STAFF) (Filed on 10/23/2018)

1

UNITED STATES DISTRICT COURT

2

NORTHERN DISTRICT OF CALIFORNIA

3
4

ROBERT M. STEWARD,
Plaintiff,

Case No. 18-cv-02152-RS (PR)

5

v.

ORDER REOPENING ACTION

6
7

J. GILLSON, et al.,
Defendants.

8
9
10

United States District Court
Northern District of California

11
12

Plaintiff’s motion to reopen this action is GRANTED. (Dkt. No. 25.) The
judgment and the order of dismissal are VACATED. (Dkt. Nos. 14 and 15.)
On or before December 3, 2018, plaintiff shall file an amended complaint. The

13

new complaint must include the caption and civil case number used in this order (18-02152

14

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

15

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

16

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

17

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

18

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

19

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

20

amended complaint in accordance with this order will result in dismissal of this action

21

without further notice to plaintiff.

22

No extensions of time will be granted. The Clerk shall terminate Dkt. No. 25.

23

IT IS SO ORDERED.

24
25
26
27
28

Dated: October ___, 2018
23
_________________________
RICHARD SEEBORG
United States District Judge