Baldwin v. Atchley et al

Filing 13

ORDER DIRECTING PLAINTIFF TO REFILE COMPLETE AMENDED COMPLAINT; DIRECTING CLERK TO SEND PLAINTIFF COPY OF AMENDED COMPLAINT. Amended Complaint due by 2/8/2021. Signed by Judge Beth Labson Freeman on January 8, 2021. (tshS, COURT STAFF) (Filed on 1/8/2021)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ANTHONY LEE BALDWIN,
United States District Court
Northern District of California

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Plaintiff,
v.

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DR. L. GAMBOA, et al.,

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Defendants.

Case No. 20-00676 BLF (PR)
ORDER DIRECTING PLAINTIFF
TO REFILE COMPLETE
AMENDED COMPLAINT;
DIRECTING CLERK TO SEND
PLAINTIFF COPY OF AMENDED
COMPLAINT

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Plaintiff, a California state prisoner, filed the instant pro se civil rights action

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pursuant to 42 U.S.C. § 1983 against employees of Salinas Valley State Prison (“SVSP”),

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where he is currently incarcerated, and officers at the Del Norte County Sheriff’s Office.

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Dkt. No. 1. The Court dismissed the complaint with leave to amend for Plaintiff to attempt

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to correct several deficiencies. Dkt. No. 9. Plaintiff filed an amended complaint, but due

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to possible scanning errors, the docketed copy appears to be missing pages that may

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contain necessary allegations to state a cognizable claim. Dkt. No. 12 at 5-6. In the

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interest of justice, the Court directs Plaintiff to file another copy of the amended complaint

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to ensure that a complete copy has been filed in this matter. Plaintiff shall be provided

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with a copy of the amended complaint that was docketed in this matter under Docket No.

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12, to review and resubmit with any missing pages.

CONCLUSION

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For the reasons state above, the Court orders as follows:

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1.

Within twenty-eight (28) days from the date this order is filed, Plaintiff

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shall file a complete amended complaint using the court’s form complaint that complies

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with the Court’s initial review order, “Order of Dismissal with Leave to Amend.” Dkt.

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No. 9. The amended complaint must include the caption and civil case number used in this

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order, i.e., Case No. C 20-00676 BLF (PR), and the words “AMENDED COMPLAINT”

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on the first page. Plaintiff must answer all the questions on the form in order for the action

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to proceed. Plaintiff is reminded that the amended complaint supersedes the original, and
Plaintiff may not make references to the original complaint. Claims not included in the

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United States District Court
Northern District of California

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amended complaint are no longer claims and defendants not named in an amended

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complaint are no longer defendants. See Ferdik v. Bonzelet, 963 F.2d 1258, 1262 (9th

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Cir.1992).

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If Plaintiff does not refile an amended complaint in the time provided, the

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Court will proceed with an initial review of the amended complaint filed under

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Docket No. 12 as it appears on the docket.

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2.

The Clerk shall include two copies of the court’s form complaint with a copy

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of this order to Plaintiff. The Clerk shall also include a print-out of the Amended

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Complaint filed under Docket No. 12, and copy of the Court’s “Order of Dismissal

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with Leave to Amend,” Dkt. No. 9, with a copy of this order to Plaintiff.

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IT IS SO ORDERED.
Dated: __January 8, 2021_________

________________________
BETH LABSON FREEMAN
United States District Judge

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Order Directing Pl to File Am. Compl
PRO-SE\BLF\CR.20\00676Baldwin_refile.Am.Compl

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