Stutson v. Bureau of Prisons

Filing 76

ORDER FOLLOWING HEARING: GRANTING MOTION OF FEDERAL DEFENDANTS TO DISMISS WITH LEAVE TO AMEND by Judge Yvonne Gonzalez Rogers granting 54 Motion to Dismiss. Plaintiff to File Second Amended Complaint by 03/29/13. Response due (30) thirty-days after service of Second Amended Complaint. Signed by Judge Yvonne Gonzalez Rogers, on 12/21/12 (Attachments: # 1 Certificate/Proof of Service) (fs, COURT STAFF) (Filed on 12/21/2012) Modified on 12/21/2012 (jlm, COURT STAFF).

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1 UNITED STATES DISTRICT COURT 2 NORTHERN DISTRICT OF CALIFORNIA 3 4 TANYA STUTSON, 5 6 7 Plaintiff, vs. Case No.: 11-CV-3979 YGR ORDER FOLLOWING HEARING: GRANTING MOTION OF FEDERAL DEFENDANTS TO DISMISS WITH LEAVE TO AMEND WARDEN REED et al., 8 Defendants. 9 10 United States District Court Northern District of California 11 12 The Court held a hearing on an Order to Show Cause on December 21, 2012. The Court made the following rulings during the hearing: Plaintiff’s Amended Complaint (Dkt. No. 49) is DISMISSED WITH LEAVE TO AMEND her 13 lawsuit consistent with the Court’s April 25, 2012 Order Granting the Defendants’ Motion to 14 Dismiss (Dkt. No. 30, attached). Plaintiff’s claims related to medical malpractice and conspiracy to 15 conceal her lupus diagnosis are DISMISSED WITHOUT PREJUDICE to be filed in a separate lawsuit. 16 Plaintiff shall have one more opportunity to amend her claims against the Bureau of Prisons 17 and the Doe Defendants under (1) the Federal Tort Claims Act (“FTCA”), 28 U.S.C. § 2401; and 18 (2) Bivens v. Six Unknown Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971) (“Bivens”), 19 for injuries relating to an alleged sexual assault in September 2006. 20 The deadline for Plaintiff to file her second amended complaint is March 29, 2013. If 21 Plaintiff does not file a second amended complaint by March 29, 2013, the Court will dismiss this 22 lawsuit. 23 The government must respond within 30 days of service of the second amended complaint. 24 The Federal Defendants’ Motion to Dismiss (Dkt. No. 54) is GRANTED. 25 This Order terminates Docket Number 54. 26 IT IS SO ORDERED. 27 28 Date:December 21, 2012 ______________________________________ YVONNE GONZALEZ ROGERS UNITED STATES DISTRICT COURT JUDGE

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