Hancock v. Santa Clara County Dept. of Corrections et al

Filing 21

ORDER by Judge Claudia Wilken DENYING 18 MOTION TO SET ASIDE JUDGMENT OF DISMISSAL (Attachments: # 1 Certificate/Proof of Service) (ndr, COURT STAFF) (Filed on 2/2/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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JEFF J. HANCOCK,

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Plaintiff,

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No. C 09-06082 CW (PR)
ORDER DENYING MOTION TO SET
ASIDE JUDGMENT OF DISMISSAL

v.
(Docket no. 18)
CHIEF OF CORRECTION EDWARD C.
FLORES, et al.,
Defendants.

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Plaintiff, a state prisoner, filed a pro se complaint under 42

United States District Court
For the Northern District of California

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U.S.C. § 1983, alleging that jail officials at the Santa Clara
County Jail were deliberately indifferent to his serious medical
needs.

amend and instructed Plaintiff to correct various deficiencies,
including his apparent failure to exhaust all administrative
remedies.

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Docket no. 13.

Plaintiff then requested an extension of time to exhaust his

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Thereafter, the Court dismissed the complaint with leave to

administrative remedies.

On January 7, 2011, the Court dismissed

the complaint for the reason that, by requesting an extension of
time to exhaust his administrative remedies, Plaintiff was
conceding that administrative remedies were not exhausted at the
time he filed his complaint.

Accordingly, the Court dismissed the

complaint without prejudice to Plaintiff's filing a new complaint
after exhausting his administrative remedies.

See McKinney v.

Carey, 311 F.3d 1198, 1199-1201 (9th Cir. 2002) (action must be
dismissed without prejudice unless prisoner exhausted available
administrative remedies before he filed suit).
//

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Now pending is Plaintiff's motion to set aside the judgment of

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dismissal to allow him to obtain subpoenas that will enable him to

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file an amended complaint.

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order to file an amended complaint he must discover the identities

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of Does 1 and 2, whom Plaintiff identified in his complaint as a

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correctional officer and Nurse who failed to provide him with

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adequate medical care.

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Specifically, Plaintiff states that in

Plaintiff's motion is DENIED.

The complaint was dismissed for

failure to exhaust administrative remedies.

As Plaintiff has not

United States District Court
For the Northern District of California

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presented any reason why the Order dismissing the complaint on that

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ground should be set aside, Plaintiff is not entitled to file an

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amended complaint in this closed action.

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This Order terminates Docket no. 18.

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IT IS SO ORDERED.

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Dated: 2/2/2012
CLAUDIA WILKEN
UNITED STATES DISTRICT JUDGE

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