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Starr v. Ahern

United States District Court, N.D. California

March 3, 2015

SHANNON LEE STARR, Plaintiff,
v.
GREGORY J. AHERN, Sheriff, et al., Defendants.

ORDER DENYING MOTION TO SUSPEND DATE; DIRECTING PLAINTIFF TO FILE AN AMENDED COMPLAINT

RONALD M. WHYTE, District Judge.

Plaintiff, a California state civilly committed detainee proceeding pro se, filed a civil rights complaint pursuant to 42 U.S.C. ยง 1983. On November 12, 2014, the court screened plaintiff's complaint and dismissed it with leave to amend. On December 11, 2014, plaintiff filed a motion to suspend the date for filing his amended complaint pending disposition of plaintiff's interlocutory appeal. On January 14, 2015, the Ninth Circuit Court of Appeals dismissed the appeal for want of jurisdiction.

Accordingly, plaintiff's motion is DENIED as moot. Plaintiff is directed to file an amended complaint within twenty-eight days of the filing date of this order.[1] The amended complaint must include the caption and civil case number used in this order (C 14-2170 RMW (PR)) and the words AMENDED COMPLAINT on the first page. The amended complaint must indicate which specific, named defendant(s) was involved in each cause of action, what each defendant did, what effect this had on plaintiff and what right plaintiff alleges was violated. Plaintiff may not incorporate material from the prior complaint by reference. If plaintiff files an amended complaint, he must allege, in good faith, facts - not merely conclusions of law - that demonstrate that he is entitled to relief under the applicable federal statutes. Failure to file an amended complaint within thirty days and in accordance with this order will result in a finding that further leave to amend would be futile and this action will be dismissed. Plaintiff is advised that an amended complaint supersedes the original complaint. "[A] plaintiff waives all causes of action alleged in the original complaint which are not alleged in the amended complaint." London v. Coopers & Lybrand, 644 F.2d 811, 814 (9th Cir. 1981). Defendants not named in an amended complaint are no longer defendants. See Ferdik v. Bonzelet, 963 F.2d 1258, 1262 (9th Cir. 1992).

Plaintiff has also requested a copy of his original complaint for his records. As a one time courtesy, the Clerk shall provide plaintiff with a copy of his original complaint.

IT IS SO ORDERED.


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