Doyle v. California Department of Corrections and Rehabilitations et al

Filing 103

ORDER REQUIRING FILING OF AMENDED COMPLAINT AND ATTENDANCE AT MANDATORY SETTLEMENT CONFERENCE. Signed by Judge Yvonne Gonzalez Rogers on 4/8/14. (Attachments: # 1 Certificate/Proof of Service)(fs, COURT STAFF) (Filed on 4/8/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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United States District Court
Northern District of California

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SEAN PATRICK DOYLE,

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Plaintiff,
v.

ORDER REQUIRING FILING OF AMENDED
COMPLAINT AND ATTENDANCE AT
MANDATORY SETTLEMENT CONFERENCE

CALIFORNIA DEPARTMENT OF CORRECTIONS
AND REHABILITATIONS, et al.,
Defendants.

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Case No.: 12-CV-2769 YGR

Plaintiff Sean Patrick Doyle, a prisoner in California state custody, filed the above-styled

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civil-rights action in May 2012 while proceeding pro se. Plaintiff prosecuted his action without

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representation for over nineteen months until, on January 16, 2014, two attorneys appeared on his

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behalf. (Dkt. No. 98.) By that time, numerous motions had been filed, both by and against

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Plaintiff. (Dkt. Nos. 30, 50, 51, 52, 58, 69, 71, 81, 93.) Following the appearance of counsel for

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plaintiff, the Court denied all pending motions without prejudice so that future motion practice

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could proceed in an orderly and efficient manner. (Dkt. No. 100.) The Court further ordered the

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parties to file a joint case management statement. (Id.)

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Having reviewed the parties' statement, the Court orders as follows:

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1.

The Court DISMISSES WITHOUT PREJUDICE plaintiff's operative complaint, which is

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108 pages long, to give him the opportunity to file a simple, concise, and direct Amended

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Complaint that:

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a.

States clearly and simply each claim he seeks to bring in federal court as

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required under Rule 8, such that it:

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i.

Sets forth each claim in a separate numbered paragraph;

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ii.

Identifies each defendant and the specific action or actions each

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defendant took, or failed to take, that allegedly caused the deprivation of

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plaintiff's constitutional rights; and

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iii.

Identifies the injury resulting from each claim;

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b.

Explains how he has exhausted his administrative remedies as to each claim

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as against each defendant before he filed this action;
c.

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United States District Court
Northern District of California

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Only alleges those claims that are properly joined under Rule 20(a)

(concerning joinder of claims and defendants) or, stated differently, claims that:

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i.

Arise out of the same transaction, occurrence, or series of

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transactions or occurrences; and

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ii.

Present questions of law or fact common to all defendants;

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d.

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as having "direct involvement" to his claims without specifying how each defendant

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was linked through their actions;

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e.

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her respondent superior capacity, or against whom plaintiff cannot allege facts that

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would establish either supervisorial or municipal liability; and

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f.

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are dismissed without prejudice to plaintiff moving for leave to amend to add them

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as named defendants once he learns their identities.
2.

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Does not make conclusory allegations linking each defendant by listing them

Does not name any defendant who did not act but is linked solely in his or

Does not name Doe defendants because any claims against Doe defendants

Plaintiff shall file his Amended Complaint within thirty days of the signature date

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of this Order. Defendants shall file any response to the Amended Complaint within thirty days

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after plaintiff files said pleading.

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///

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3.

The parties are hereby ORDERED to attend a mandatory settlement conference with

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Magistrate Judge Vadas. The parties shall complete the mandatory settlement conference no more

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than 120 days after the signature date of this Order.

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IT IS SO ORDERED.

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Date: April 8, 2014

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_______________________________________
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE

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United States District Court
Northern District of California

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cc: MagRef Email; Magistrate Judge Vadas

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