Baldwin v. Atchley et al
Filing
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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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