Maggay v. Micke

8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 11 RODERICK MAGGAY, Case No. 21-cv-04994 BLF (PR) 12 Plaintiff, ORDER GRANTING MOTION FOR EXTENSION OF TIME TO FILE 13 v . SECOND AMENDED COMPLAINT 14 OFFICER MICKE, et al., 15 Defendants. (Docket No. 26) 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 issued an order granting leave to file a second amended complaint and staying briefing.

21 Dkt. No. 25. Plaintiff was directed to file a second amended complaint within twenty- eight days from the date the order was filed. Id. 23 Plaintiff has filed a motion for an extension of time to file a second amended complaint because the law library is restricted due to Covid-19. Dkt. No. 26. Good cause appearing, the motion is GRANTED. Plaintiff shall file a second amended complaint using the court’s form complaint no later than September 26, 2022.

27 The second amended complaint must include the caption and civil case number || AMENDED COMPLAINT” on the first page. Plaintiff must answer all the questions on || the form in order for the action to proceed. Plaintiff is reminded that the second amended || complaint supersedes the original, and Plaintiff may not make references to the original || complaint. Claims not included in the second amended complaint are no longer claims and || defendants not named in a second amended complaint are no longer defendants. See || Ferdik v. Bonzelet, 963 F.2d 1258, 1262 (9th Cir. 1992).

7 Failure to respond in accordance with this order by filing a second amended || complaint in the time provided will result in this action proceeding based on the || cognizable claims in the amended complaint, as discussed in the Court’s initial || screening order, Dkt. No. 14.

11 IT ISSO ORDERED. = 12 || Dated: _ August 11, 2022 fob Lays eae) BETH LABSON FREEMAN 13 United States District Judge

Oo Z 18 27 Order Granting Mot. for EOT to File Second Am. Compl.

PRO-SE\BLF\CR.21\04994Maggay-eot-sac