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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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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TANYA STUTSON,

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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.,

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Defendants.

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United States District Court
Northern District of California

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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

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lawsuit consistent with the Court’s April 25, 2012 Order Granting the Defendants’ Motion to

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Dismiss (Dkt. No. 30, attached). Plaintiff’s claims related to medical malpractice and conspiracy to

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conceal her lupus diagnosis are DISMISSED WITHOUT PREJUDICE to be filed in a separate lawsuit.

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Plaintiff shall have one more opportunity to amend her claims against the Bureau of Prisons

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and the Doe Defendants under (1) the Federal Tort Claims Act (“FTCA”), 28 U.S.C. § 2401; and

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(2) Bivens v. Six Unknown Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971) (“Bivens”),

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for injuries relating to an alleged sexual assault in September 2006.

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The deadline for Plaintiff to file her second amended complaint is March 29, 2013. If

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Plaintiff does not file a second amended complaint by March 29, 2013, the Court will dismiss this

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lawsuit.

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The government must respond within 30 days of service of the second amended complaint.

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The Federal Defendants’ Motion to Dismiss (Dkt. No. 54) is GRANTED.

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This Order terminates Docket Number 54.

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IT IS SO ORDERED.

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Date:December 21, 2012

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YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE