Herrera v. Ortega ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 JOSHUA HERRERA, 11 Case No. 20-02035 BLF (PR) Plaintiff, 12 ORDER GRANTING MOTION v. FOR EXTENSION OF TIME TO 13 FILE AMENDED COMPLAINT 14 J. ORTEGA, et al., 15 Defendants. (Docket No. 11) 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”). Dkt. No. 1. On 20 September 3, 2020, the Court dismissed the complaint with leave to amend the First 21 Amendment retaliation claim against any named Defendant; all the other claims were 22 dismissed for failure to state a claim. Dkt. No. 10 at 2-5. Plaintiff was directed to file an 23 amended complaint within twenty-eight days from the date the order was filed. Id. at 5-6. 24 Plaintiff has filed a motion for an extension of time to file an amended complaint 25 due to limited access to the law library. Dkt. No. 11. Good cause appearing, the motion is 26 GRANTED. Within twenty-eight (28) days from the date this order is filed, Plaintiff shall 27 file an amended complaint using the court’s form complaint to attempt to state sufficient 1 the caption and civil case number used in this order, i.e., Case No. C 20-02035 BLF (PR), 2 || and the words “AMENDED COMPLAINT” on the first page. Plaintiff must answer all 3 || the questions on the form in order for the action to proceed. Plaintiff is reminded that the 4 || amended complaint supersedes the original, and Plaintiff may not make references to the 5 || original complaint. Claims not included in the amended complaint are no longer claims 6 || and defendants not named in an amended complaint are no longer defendants. See Ferdik 7 v. Bonzelet, 963 F.2d 1258, 1262 (9th Cir.1992). 8 Failure to respond in accordance with this order by filing an amended 9 || complaint in the time provided will result in the dismissal of this action without 10 || prejudice and without further notice to Plaintiff. 11 IT IS SO ORDERED. = 12 || Dated: _ October 20, 2020 heh Lory hooman) 1 BETH LABSON FREEMAN 7 3 United States District Judge 15 16 17 Z 18 19 20 21 22 23 24 25 Order Granting Mot. for EOT to File Am. Compl. PRO-SE\BLF\CR.20\02035Herrera_eot-ac 26 27