Burton v. McVay

Opinion

DEREK BURTON, Case No.: 24-cv-1302-MMA (JLB) CDCR #AI-5407, ORDER GRANTING MOTION FOR Plaintiff, EXTENSION OF TIME TO AMEND vs. [Doc. No. 6] McVAY, Warden, et al., Defendants. Plaintiff is a state prisoner proceeding pro se and in forma pauperis with a civil rights action pursuant to 42 U.S.C. § 1983. On August 11, 2024, the Court dismissed the complaint for failure to state a claim and granted Plaintiff leave to amend on or before September 27, 2024. (Doc. No. 5.) Plaintiff has now filed a Motion seeking a 30-day extension of time to amend. (Doc. No. 6.) The Court GRANTS Plaintiff’s Motion and EXTENDS the time to amend to October 28, 2024. Plaintiff is reminded that his amended complaint must be complete by itself without reference to any previous version of his complaint. Any Defendants not re- named and any claims not re-alleged in the amended complaint will be considered waived. See S.D. Cal. CivLR 15.1; Hal Roach Studios, Inc. v. Richard Feiner & Co., Inc., 896 F.2d 1542, 1546 (9th Cir. 1989) (“[A]n amended pleading supersedes the original.”); Lacey v. Maricopa County, 693 F.3d 896, 928 (9th Cir. 2012) (noting that claims dismissed with leave to amend which are not re-alleged in an amended pleading be “considered waived if not repled.’’) Dated: September 10, 2024 tal Uk United States District Judge 2 a