Saddozai v. Atchley

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 11 SHIKEB SADDOZAI, Case No. 20-07534 BLF (PR)

12 Plaintiff, ORDER GRANTING MOTION FOR EXTENSION OF TIME TO 13 M.B. ATCHLEY, et al., FILE AMENDED COMPLAINT

14 Defendants.

15 (Docket No. 16)

16 17 Plaintiff, a state prisoner, filed a pro se civil rights action pursuant to 42 U.S.C. § 18 1983 against prison staff at Salinas Valley State Prison (“SVSP”), as well as the Director 19 of the California Department of Corrections and Rehabilitation (“CDCR”). Dkt. No. 1. 20 On March 5, 2021, the Court dismissed the complaint with leave to file an amended 21 complaint to state sufficient facts for a deliberate indifference claim. Dkt. No. 14 at 10- 22 11. Plaintiff was directed to file an amended complaint within twenty-eight days from the 23 date the order was filed, i.e., no later than April 2, 2021. Id. at 10. 24 Plaintiff has filed a motion for an extension of time to file an amended complaint 25 due to Covid restrictions, including limited access to the law library. Dkt. No. 16. Good 26 cause appearing, the motion is GRANTED. Plaintiff is granted an extension of forty-five 27 days, as requested, such that his amended complaint shall be filed no later than 1 The amended complaint must include the caption and civil case number used in this 2 || order, i.e., Case No. 20-07534 BLF (PR), and the words “AMENDED COMPLAINT” on 3 || the first page. Plaintiff must answer all the questions on the form in order for the action to 4 || proceed. Plaintiff is reminded that the amended complaint supersedes the original, and 5 || Plaintiff may not make references to the original complaint. Claims not included in the 6 || amended complaint are no longer claims and defendants not named in an amended 7 || complaint are no longer defendants. See Ferdik v. Bonzelet, 963 F.2d 1258, 1262 (9th 8 || Cir.1992). 9 Failure to respond in accordance with this order by filing an amended 10 || complaint in the time provided will result in the dismissal of this action without 11 || prejudice and without further notice to Plaintiff. 3s 12 IT ISSO ORDERED.

BETH LABSON FREEMAN United States District Judge

Oo Z 18 19 20 21 22 23 24 25 26 Order Granting Mot. for EOT to File Am. Compl. PRO-SE\BLF\CR.20\07534Saddazai_eot-ac 27