Starr v. Alameda County Jail
Filing
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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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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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SHANNON LEE STARR,
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Plaintiff,
v.
ALAMEDA COUNTY JAIL,
Defendant.
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No. C 12-4400 RMW (PR)
ORDER GRANTING
REQUEST FOR LEAVE TO
AMEND
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On February 22, 2013, plaintiff, a California state prisoner, proceeding pro se, filed an
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amended civil rights complaint pursuant to 42 U.S.C. § 1983. The court has not yet screened
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plaintiff’s amended complaint. On April 15, 2013, plaintiff filed a letter, stating that he omitted
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information from his amended complaint and also learned then name of a Doe defendant. The
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court construes plaintiff’s letter as a request to file a second amended complaint. So construed,
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the request is GRANTED. Plaintiff shall file a second amended complaint within thirty days
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from the filing date of this order. Failure to file a second amended complaint within thirty
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days and in accordance with this order will result in plaintiff’s amended complaint, filed
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February 22, 2013, being the operative complaint.
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Plaintiff is advised that an amended complaint supersedes the original complaint. “[A]
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plaintiff waives all causes of action alleged in the original complaint which are not alleged in the
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amended complaint.” London v. Coopers & Lybrand, 644 F.2d 811, 814 (9th Cir. 1981).
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Order Granting Request for Leave to Amend
G:\PRO-SE\SJ.Rmw\CR.12\Starr400leave.wpd
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Defendants not named in an amended complaint are no longer defendants. See Ferdik v.
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Bonzelet, 963 F.2d 1258, 1262 (9th Cir. 1992).
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It is the plaintiff’s responsibility to prosecute this case. Plaintiff must keep the court
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informed of any change of address by filing a separate paper with the clerk headed “Notice of
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Change of Address,” and must comply with the court’s orders in a timely fashion. Failure to do
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so may result in the dismissal of this action for failure to prosecute pursuant to Federal Rule of
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Civil Procedure 41(b).
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IT IS SO ORDERED.
DATED:
RONALD M. WHYTE
United States District Judge
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Order Granting Request for Leave to Amend
G:\PRO-SE\SJ.Rmw\CR.12\Starr400leave.wpd
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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.
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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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