Maggay v. Micke

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10

11 RODERICK MAGGAY, Case No. 21-cv-04994 BLF (PR)

12 Plaintiff, ORDER GRANTING MOTION FOR THIRD EXTENSION OF TIME TO 13 v. FILE SECOND AMENDED

COMPLAINT 14 OFFICER MICKE, et al.,

15 Defendants.

16 (Docket No. 34)

17 18 Plaintiff, a federal prisoner, filed a pro se civil rights action pursuant to 42 U.S.C. § 19 1983 against staff at the Santa Rita County Jail. Dkt. No. 1. On July 14, 2022, the Court 20 granted Plaintiff leave to file a second amended complaint. Dkt. No. 25. Then on 21 October 4, 2022, Plaintiff was granted a second extension of time to file a second amended 22 complaint no later than November 15, 2022. Dkt. No. 30. 23 Plaintiff has filed a motion for a third extension of time to file a second amended 24 complaint because the facility is in total lockdown. Dkt. No. 34. Good cause appearing, 25 the Plaintiff’s extension of time is GRANTED. Plaintiff shall file a second amended 26 complaint using the Court’s form complaint no later than twenty-eight (28) days from 27 the date this order is filed. 1 The second amended complaint must include the caption and civil case number 2 || used in this order, i.e., Case No. 21-cv-04994 BLF (PR), and the words “SECOND 3 || AMENDED COMPLAINT” on the first page. Plaintiff must answer all the questions on 4 || the form in order for the action to proceed. Plaintiff is reminded that the second amended 5 || complaint supersedes the original and amended complaints, and Plaintiff may not make 6 || references to either in the second amended complaint. Claims not included in the second 7 || amended complaint are no longer claims and defendants not named in a second amended 8 || complaint are no longer defendants. See Ferdik v. Bonzelet, 963 F.2d 1258, 1262 (9th 9 |} Cir.1992). 10 Failure to respond in accordance with this order by filing a second amended 11 || complaint in the time provided will result in this action proceeding based on the 2 cognizable claims in the amended complaint, as discussed in the Court’s initial 5 13 screening order, Dkt. No. 14. S 14 This order terminates Docket No. 34. 3 15 IT IS SO ORDERED. z 16 || Dated: _ November 22,2022. fediinfhacncan _ 5 BETH LABSON FREEMAN United States District Judge Z 18 19 20 21 22 23 24 25 26 27 |] □□□□□□□□□□□□□□□□□□□□□□□□ Sdcotate