1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 TRACEY N. THOMPSON, Case No. 21-cv-03028-EMC

8 Plaintiff, ORDER TO SHOW CAUSE WHY 9 v. CASE SHOULD NOT BE DISMISSED FOR FAILURE TO TIMELY FILE 10 REY HASSAN, et al., AMENDED COMPLAINT 11 Defendants. Docket No. 4

12 13 14 I. INTRODUCTION 15 Plaintiff Tracey N. Thompson (“Plaintiff”), proceeding pro se, filed this action on April 16 21, 2021 and filed an application to proceed in forma pauperis (“IFP”). The Court granted 17 Plaintiff’s application to proceed IFP but found that the complaint failed to state a claim upon 18 which relief could be granted pursuant to

(e). Docket No. 4 at 1-3. The Court 19 also found it lacked subject matter jurisdiction because complete diversity was lacking, and 20 Plaintiff did not state a claim under federal law.

. 21 The Court dismissed Plaintiff’s complaint but provided her with leave to amend to clearly 22 allege facts sufficient to state a claim under federal law.

. The Court offered Plaintiff the 23 opportunity to file an amended complaint by June 14, 2021.

The Court informed Plaintiff that 24 failure to timely file an amended complaint would result in a recommendation that the case be 25 dismissed.

The Court advised Plaintiff of resources available to pro se litigants to seek 26 assistance in handling her case.

27 /// 1 II. DISCUSSION 2 The Court’s deadline for Plaintiff to file an amended complaint expired on June 14, 2021. 3 Since that date, Plaintiff filed a letter requesting that the case be dismissed, Docket No. 17, another 4 letter requesting that the case not be dismissed, Docket No. 18, and a motion seeking discovery. 5 Docket No. 19. As the Court explained, however, Plaintiff’s original complaint was dismissed 6 and Plaintiff’s case may not proceed unless she files an amended complaint that clearly alleges 7 facts sufficient to state a claim over which the court has subject matter jurisdiction. See Docket 8 No. 4. 9 As of the present date, Plaintiff has not filed an amended complaint. Therefore, Plaintiff is 10 ORDERED TO SHOW CAUSE why the case should not be dismissed for failure to timely file 11 an amended complaint in compliance with the Court’s order granting her leave to amend. See 12 Ferdik v. Bonzelet,

(9th Cir. 1992) (“District courts have the inherent power 13 to control their dockets and, ‘[i]n the exercise of that power they may impose sanctions including, 14 where appropriate, . . . dismissal of a case.’”) (quoting Thompson v. Housing Auth.,

, 15 831 (9th Cir. 1986). 16 III. CONCLUSION 17 For the reasons discussed above, Plaintiff is ordered to show cause why the case should not 18 be dismissed for failure to timely file an amended complaint in compliance with the court’s order 19 granting her leave to amend by June 14, 2021. Plaintiff must respond to this order to show cause 20 by filing an amended complaint no later than October 1, 2021. 21 Any amended complaint, if filed, must include the caption and civil case number used in 22 this order (21-cv-03028-EMC) and the words FIRST AMENDED COMPLAINT on the first page. 23 Because an amended complaint completely replaces the previous complaint, any amended 24 complaint may not incorporate claims or allegations of Plaintiff’s original complaint by reference, 25 but instead must allege all of the facts necessary to state the claims Plaintiff wishes to present, 26 include all of the defendants she wishes to sue, and must be supported by good faith. See Docket 27 No. 4 at 2-3; Ferdik,

; Fed. R. Civ. P. 11. The complaint must be a plain and 1 Plaintiff, who is not represented by counsel, is encouraged to contact the Federal Pro Bono 2 Project’s Pro Se Help Desk for assistance as she continues to pursue this case. Lawyers at the 3 Help Desk can provide basic assistance to parties representing themselves but cannot provide legal 4 representation. Although in-person appointments are not currently available due to the COVID-19 5 public health emergency, Plaintiff may contact the Help Desk at (415) 782-8982 or 6 [email protected] to schedule a telephonic appointment. 7 8 IT IS SO ORDERED. 9 10 Dated: September 17, 2021 11 12 ______________________________________ EDWARD M. CHEN 13 United States District Judge 14 15 16 17 18 19 20 21 22 23 24 25 26 27