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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 ANTHONY LEE BALDWIN, United States District Court Northern District of California 11 12 Plaintiff, v. 13 14 DR. L. GAMBOA, et al., 15 Defendants. Case No. 20-00676 BLF (PR) ORDER DIRECTING PLAINTIFF TO REFILE COMPLETE AMENDED COMPLAINT; DIRECTING CLERK TO SEND PLAINTIFF COPY OF AMENDED COMPLAINT 16 17 18 Plaintiff, a California state prisoner, filed the instant pro se civil rights action 19 pursuant to 42 U.S.C. § 1983 against employees of Salinas Valley State Prison (“SVSP”), 20 where he is currently incarcerated, and officers at the Del Norte County Sheriff’s Office. 21 Dkt. No. 1. The Court dismissed the complaint with leave to amend for Plaintiff to attempt 22 to correct several deficiencies. Dkt. No. 9. Plaintiff filed an amended complaint, but due 23 to possible scanning errors, the docketed copy appears to be missing pages that may 24 contain necessary allegations to state a cognizable claim. Dkt. No. 12 at 5-6. In the 25 interest of justice, the Court directs Plaintiff to file another copy of the amended complaint 26 to ensure that a complete copy has been filed in this matter. Plaintiff shall be provided 27 with a copy of the amended complaint that was docketed in this matter under Docket No. 28 12, to review and resubmit with any missing pages. CONCLUSION 1 2 For the reasons state above, the Court orders as follows: 3 1. Within twenty-eight (28) days from the date this order is filed, Plaintiff 4 shall file a complete amended complaint using the court’s form complaint that complies 5 with the Court’s initial review order, “Order of Dismissal with Leave to Amend.” Dkt. 6 No. 9. The amended complaint must include the caption and civil case number used in this 7 order, i.e., Case No. C 20-00676 BLF (PR), and the words “AMENDED COMPLAINT” 8 on the first page. Plaintiff must answer all the questions on the form in order for the action 9 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 11 United States District Court Northern District of California 10 amended complaint are no longer claims and defendants not named in an amended 12 complaint are no longer defendants. See Ferdik v. Bonzelet, 963 F.2d 1258, 1262 (9th 13 Cir.1992). 14 If Plaintiff does not refile an amended complaint in the time provided, the 15 Court will proceed with an initial review of the amended complaint filed under 16 Docket No. 12 as it appears on the docket. 17 2. The Clerk shall include two copies of the court’s form complaint with a copy 18 of this order to Plaintiff. The Clerk shall also include a print-out of the Amended 19 Complaint filed under Docket No. 12, and copy of the Court’s “Order of Dismissal 20 with Leave to Amend,” Dkt. No. 9, with a copy of this order to Plaintiff. 21 22 IT IS SO ORDERED. Dated: __January 8, 2021_________ ________________________ BETH LABSON FREEMAN United States District Judge 23 24 25 Order Directing Pl to File Am. Compl PRO-SE\BLF\CR.20\00676Baldwin_refile.Am.Compl 26 27 28 2

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