Saddozai v. Atchley et al

Filing 23

ORDER GRANTING MOTION FOR AN EXTENSION OF TIME TO FILE A SECOND AMENDED COMPLAINT by Judge Beth Labson Freeman. Granting 22 Motion for Extension of Time to File. Amended Pleadings due by 12/20/2021. (tsh, COURT STAFF) (Filed on 11/19/2021)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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United States District Court
Northern District of California

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SHIKEB SADDOZAI,

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Plaintiff,

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v.

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M.B. ATCHLEY, et al.,

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Defendants.

Case No. 20-07534 BLF (PR)
ORDER GRANTING MOTION
FOR AN EXTENSION
OF TIME TO FILE A SECOND
AMENDED COMPLAINT
(Docket No. 22)

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Plaintiff, a state prisoner, filed a pro se civil rights action pursuant to 42 U.S.C. §

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1983 against prison staff at Salinas Valley State Prison (“SVSP”), as well as the Director

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of the California Department of Corrections and Rehabilitation (“CDCR”). Dkt. No. 1.

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On October 14, 2021, the Court dismissed the amended complaint with leave to file a

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second amended complaint, to correct the deficiencies. Dkt. No. 21 at 5. Plaintiff was

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directed to file a second amended complaint within twenty-eight days from the date the

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order was filed. Id. at 5.

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Plaintiff has filed a motion for an extension of time to file a second amended

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complaint due to Covid restrictions, including limited access to the law library, and not

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having a copy of his amended complaint. Dkt. No. 22.

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Good cause appearing, the final motion is GRANTED. Plaintiff shall file a second
amended complaint no later than thirty (30) days from the date this order is filed.
The second amended complaint must include the caption and civil case number
used in this order, i.e., Case No. 20-07534 BLF (PR), and the words “SECOND

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AMENDED COMPLAINT” on the first page. Plaintiff must answer all the questions on

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the form in order for the action to proceed. Plaintiff is reminded that the second amended

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complaint supersedes the original and amended complaint, and Plaintiff may not make

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references to the original nor the amended complaint. Claims not included in the

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

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second amended complaint are no longer defendants. See Ferdik v. Bonzelet, 963 F.2d

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United States District Court
Northern District of California

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1258, 1262 (9th Cir.1992).

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Failure to respond in accordance with this order by filing a second amended

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complaint in the time provided will result in the dismissal of this action without

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prejudice and without further notice to Plaintiff.

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The Clerk shall send this order along with a copy of Plaintiff’s Amended

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Complaint, Dkt. No. 20, to Plaintiff.

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IT IS SO ORDERED.

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Dated: __November 19, 2021_____

________________________
BETH LABSON FREEMAN
United States District Judge

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Order Granting Mot. for EOT to File Second Am Comp
PRO-SE\BLF\CR.20\07534Saddazai_eot.SAC

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