Starr v. Alameda County Jail

Filing 19

ORDER Granting Request for Leave to Amend. Amended Complaint Due by 6/13/2013. Signed by Judge Ronald M. Whyte on 5/13/13. (jg, COURT STAFF) (Filed on 5/13/2013)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE NORTHERN DISTRICT OF CALIFORNIA 10 11 SHANNON LEE STARR, 12 13 14 15 Plaintiff, v. ALAMEDA COUNTY JAIL, Defendant. ) ) ) ) ) ) ) ) ) ) No. C 12-4400 RMW (PR) ORDER GRANTING REQUEST FOR LEAVE TO AMEND 16 On February 22, 2013, plaintiff, a California state prisoner, proceeding pro se, filed an 17 amended civil rights complaint pursuant to 42 U.S.C. § 1983. The court has not yet screened 18 plaintiff’s amended complaint. On April 15, 2013, plaintiff filed a letter, stating that he omitted 19 information from his amended complaint and also learned then name of a Doe defendant. The 20 court construes plaintiff’s letter as a request to file a second amended complaint. So construed, 21 the request is GRANTED. Plaintiff shall file a second amended complaint within thirty days 22 from the filing date of this order. Failure to file a second amended complaint within thirty 23 days and in accordance with this order will result in plaintiff’s amended complaint, filed 24 February 22, 2013, being the operative complaint. 25 Plaintiff is advised that an amended complaint supersedes the original complaint. “[A] 26 plaintiff waives all causes of action alleged in the original complaint which are not alleged in the 27 amended complaint.” London v. Coopers & Lybrand, 644 F.2d 811, 814 (9th Cir. 1981). 28 Order Granting Request for Leave to Amend G:\PRO-SE\SJ.Rmw\CR.12\Starr400leave.wpd 1 Defendants not named in an amended complaint are no longer defendants. See Ferdik v. 2 Bonzelet, 963 F.2d 1258, 1262 (9th Cir. 1992). 3 It is the plaintiff’s responsibility to prosecute this case. Plaintiff must keep the court 4 informed of any change of address by filing a separate paper with the clerk headed “Notice of 5 Change of Address,” and must comply with the court’s orders in a timely fashion. Failure to do 6 so may result in the dismissal of this action for failure to prosecute pursuant to Federal Rule of 7 Civil Procedure 41(b). 8 9 IT IS SO ORDERED. DATED: RONALD M. WHYTE United States District Judge 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Order Granting Request for Leave to Amend G:\PRO-SE\SJ.Rmw\CR.12\Starr400leave.wpd 2 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SHANNON LEE STARR, Case Number: CV12-04400 RMW Plaintiff, CERTIFICATE OF SERVICE v. ALAMEDA COUNTY JAIL et al, Defendant. / I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. That on May 13, 2013, I SERVED a true and correct copy(ies) of the attached, by placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle located in the Clerk's office. Shannon Lee Starr ALJ-123/2-F-8 Alameda County Santa Rita Jail 5325 Broder Boulevard Dublin, CA 94568 Dated: May 13, 2013 Richard W. Wieking, Clerk By: Jackie Lynn Garcia, Deputy Clerk

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