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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 United States District Court Northern District of California 11 SHIKEB SADDOZAI, 12 Plaintiff, 13 v. 14 M.B. ATCHLEY, et al., 15 Defendants. Case No. 20-07534 BLF (PR) ORDER GRANTING MOTION FOR AN EXTENSION OF TIME TO FILE A SECOND AMENDED COMPLAINT (Docket No. 22) 16 17 18 Plaintiff, a state prisoner, filed a pro se civil rights action pursuant to 42 U.S.C. § 19 1983 against prison staff at Salinas Valley State Prison (“SVSP”), as well as the Director 20 of the California Department of Corrections and Rehabilitation (“CDCR”). Dkt. No. 1. 21 On October 14, 2021, the Court dismissed the amended complaint with leave to file a 22 second amended complaint, to correct the deficiencies. Dkt. No. 21 at 5. Plaintiff was 23 directed to file a second amended complaint within twenty-eight days from the date the 24 order was filed. Id. at 5. 25 Plaintiff has filed a motion for an extension of time to file a second amended 26 complaint due to Covid restrictions, including limited access to the law library, and not 27 having a copy of his amended complaint. Dkt. No. 22. 28 1 2 3 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 5 AMENDED COMPLAINT” on the first page. Plaintiff must answer all the questions on 6 the form in order for the action to proceed. Plaintiff is reminded that the second amended 7 complaint supersedes the original and amended complaint, and Plaintiff may not make 8 references to the original nor the amended complaint. Claims not included in the 9 complaint and amended complaint are no longer claims and defendants not named in a 10 second amended complaint are no longer defendants. See Ferdik v. Bonzelet, 963 F.2d 11 United States District Court Northern District of California 4 1258, 1262 (9th Cir.1992). 12 Failure to respond in accordance with this order by filing a second amended 13 complaint in the time provided will result in the dismissal of this action without 14 prejudice and without further notice to Plaintiff. 15 The Clerk shall send this order along with a copy of Plaintiff’s Amended 16 Complaint, Dkt. No. 20, to Plaintiff. 17 IT IS SO ORDERED. 18 Dated: __November 19, 2021_____ ________________________ BETH LABSON FREEMAN United States District Judge 19 20 21 22 23 24 25 26 Order Granting Mot. for EOT to File Second Am Comp PRO-SE\BLF\CR.20\07534Saddazai_eot.SAC 27 28 2

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