Khan v. Presley

Opinion

1 2 3 4 5 6 7 10

11 MUHAMMAD KHAN, Case No. 24-cv-03905 BLF (PR)

12 ORDER GRANTING MOTION FOR Plaintiff, EXTENSION OF TIME TO FILE v. NON-PRISONER IN FORMA 14 PAUPERIS APPLICATION; DIRECTING CLERK TO FILE 15 PRESLEY, et al., PLAINTIFF’S MOTION UNDER SEAL 16 Defendants. (Docket No. 7) 17

18 Plaintiff, a state parolee, filed the instant civil rights action pursuant to 42 U.S.C. § 19 1983 for unconstitutional acts that took place at the Correctional Training Facility, where 20 he was formerly housed. Dkt. No. 1. On December 2, 2024, the Court dismissed the 21 complaint with leave to amend. Dkt. No. 6. Plaintiff was directed to file a response within 22 twenty-eight days from the date the order was filed. Id. at 5-6. Plaintiff’s motion for leave 23 to proceed in forma pauperis was also on the wrong form since he is no longer 24 incarcerated; he was provided with a non-prisoner IFP application to be filed in the same 25 time provided. Id. at 6. 26 Plaintiff has filed a motion for an extension of time until February 1, 2025, to file an 27 amended complaint due to the delay in notifications from ECF/PACER and difficulties 1 shall file a response to the Court’s initial review order no later than February 1, 2025. 2 Dkt. No. 7 at 1. 3 Plaintiff provides a letter from his care provider regarding his difficulty 4 writing/typing. Dkt. No. 7 at 2. He requests an accommodation under the “ADA and 5 Rehab act” for double the time to file the requested pleadings, and for the court to connect 6 him with the “ADA coordinator of this court,” a request which he asserts is “protected 7 under HIPAA; requesting confidentially of medical information provided.” Id. at 1. There 8 is no “ADA coordinator” for the Court. Rather, in order to protect Plaintiff’s medical 9 privacy, the Court shall order the Clerk to file Plaintiff’s medical document under seal. 10 Furthermore, the Court will keep in mind Plaintiff’s request for additional time in setting 11 future deadlines. 12 Plaintiff shall file an amended complaint using the court’s form complaint to correct 13 the deficiencies described in the court’s Order of Dismissal with Leave to Amend. Dkt. 14 No. 6. The amended complaint must include the caption and civil case number used in this 15 order, i.e., Case No. C 24-cv-03905 BLF (PR), and the words “FIRST AMENDED 16 COMPLAINT” on the first page. Plaintiff must answer all the questions on the form in 17 order for the action to proceed. Plaintiff is reminded that the amended complaint 18 supersedes the original complaint, and Plaintiff may not make references to the original. 19 Claims not included in the amended complaint are no longer claims and defendants not 20 named therein are no longer defendants. See Ferdik v. Bonzelet, 963 F.2d 1258, 1262 (9th 21 Cir.1992). 22 Failure to respond in accordance with this order by filing an amended 23 complaint or notice in the time provided will result in the dismissal of this action for 24 failure to state a claim for relief without further notice to Plaintiff. Furthermore, this 25 action will only proceed if Plaintiff files the non-prisoner IFP application as stated in 26 the last court order. Dkt. No. 6 at 6. 1 information. Dkt. No. 7. 2 This order terminates Docket No. 7. 4 || Dated: January 17, 2025 Adinfhacncen__ BETH LABSON FREEMAN 5 United States District Judge 6 7 8 9 10 11 12

© 18 19 20 21 22 23 24 25 Order Granting Mot. for EOT to file AC & IFP PRO-SE\BLF\CR.24\03905Khan_eot-ac&IFP 26 27