Thomas v. Celaya et al
Filing
16
ORDER GRANTING REQUEST TO FILE FIRST AMENDED COMPLAINT; DIRECTING PLAINTIFF TO FILE SUPPLEMENT TO FIRST AMENDED COMPLAINT. Signed by Judge Jeremy Fogel on 10/24/08. (dlm, COURT STAFF) (Filed on 10/27/2008)
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NOT FOR CITATION IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA
LARRY DONNELL THOMAS, Plaintiff, vs. J. CELAYA, et al., Defendants.
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No. C 06-00489 JF (PR) ORDER GRANTING REQUEST TO FILE FIRST AMENDED COMPLAINT; DIRECTING PLAINTIFF TO FILE SUPPLEMENT TO FIRST AMENDED COMPLAINT
Plaintiff, a state prisoner proceeding pro se, filed a civil rights complaint pursuant to 42 U.S.C. § 1983. Subsequently, Plaintiff filed a first amended complaint. (Docket No. 9.) The Court construes the filing as a request to file a first amended complaint and hereby GRANTS the request. The first amended complaint supersedes the original complaint in its entirety. As such, the first amended complaint fails to include the exhaustion of administrative remedies which is a prerequisite to filing under the Prison Litigation Reform Act of 1995. See 42 U.S.C. § 1997e(a). Plaintiff must provide this information in the court's form complaint and submit it as a supplement to the first amended complaint within twenty (20) days from the date this order is filed. Plaintiff shall include the caption "Supplement to First Amended
Order Granting Motion to Amend; Inst to P P:\PRO-SE\SJ.JF\CR.06\Thomas489_inst to P.wpd
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Complaint" on the form. After receiving the supplemental information, the Court will perform a preliminary screening of the first amended complaint pursuant to 28 U.S.C. § 1915A. Failure to comply with the Court's order in the time provided may result in a dismissal without prejudice of this action without further notice to Plaintiff.
The Clerk of the Court shall include a copy of the court's form complaint with a copy of this order to Plaintiff.
IT IS SO ORDERED. DATED:
10/24/08
JEREMY FOGEL United States District Judge
Order Granting Motion to Amend; Inst to P P:\PRO-SE\SJ.JF\CR.06\Thomas489_inst to P.wpd
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