Khan v. Perez Pantoja

United States District Court for the Northern District of California

Khan v. Perez Pantoja

Trial Court Opinion

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

11 MUHAMMAD KHAN, Case No. 24-cv-03904 BLF (PR)

12 ORDER GRANTING MOTION FOR Plaintiff, EXTENSION OF TIME TO FILE 13 AMENDED COMPLAINT AND v. NON-PRISONER IN FORMA 14 PAUPERIS APPLICATION; DIRECTING CLERK TO FILE 15 PANTOJA, et al., PLAINTIFF’S MOTION UNDER SEAL 16 Defendants. (Docket No. 7) 17

18 Plaintiff, a state parolee, filed the instant civil rights action pursuant to

42 U.S.C. § 19

1983 for unconstitutional acts that took place at the Correctional Training Facility, where 20 he was formerly housed. Dkt. No. 1. On December 2, 2024, the Court dismissed the 21 complaint with leave to amend. Dkt. No. 6. Plaintiff was directed to file a response within 22 twenty-eight days from the date the order was filed.

Id. at 6

. Plaintiff’s motion for leave 23 to proceed in forma pauperis was also on the wrong form since he is no longer 24 incarcerated; he was provided with a non-prisoner IFP application to be filed in the same 25 time provided.

Id.

26 Plaintiff has filed a motion for an extension of time until February 1, 2025, to file an 27 amended complaint due to the delay in notifications from ECF/PACER and difficulties 1 shall file a response to the Court’s initial review order no later than February 1, 2025. 2 Dkt. No. 7 at 1. 3 Plaintiff provides a letter from his care provider regarding his difficulty 4 writing/typing. Dkt. No. 7 at 2. He requests the court to connect him with the “ADA 5 coordinator of this court,” a request which he asserts is “protected under HIPAA; 6 requesting confidentially of medical information provided.”

Id. at 1

. There is no “ADA 7 coordinator” for the Court. Rather, in order to protect Plaintiff’s medical privacy, the 8 Court shall order the Clerk to file Plaintiff’s medical document under seal. 9 Plaintiff shall file an amended complaint using the court’s form complaint to correct 10 the deficiencies described in the court’s Order of Dismissal with Leave to Amend. Dkt. 11 No. 6. The amended complaint must include the caption and civil case number used in this 12 order, i.e., Case No. C 24-cv-03904 BLF (PR), and the words “FIRST AMENDED 13 COMPLAINT” on the first page. Plaintiff must answer all the questions on the form in 14 order for the action to proceed. Plaintiff is reminded that the amended complaint 15 supersedes the original complaint, and Plaintiff may not make references to the original. 16 Claims not included in the amended complaint are no longer claims and defendants not 17 named therein are no longer defendants. See Ferdik v. Bonzelet,

963 F.2d 1258, 1262

(9th 18 Cir. 1992). 19 Failure to respond in accordance with this order by filing an amended 20 complaint or notice in the time provided will result in the dismissal of this action for 21 failure to state a claim for relief without further notice to Plaintiff. Furthermore, this 22 action will only proceed if Plaintiff files the non-prisoner IFP application as stated in 23 the last court order. Dkt. No. 6 at 6. 24 The Clerk shall file Plaintiff’s motion under SEAL as it contains private medical 25 information. Dkt. No. 7. 26 This order terminates Docket No. 7. 1 IT IS SO ORDERED. 2 |) Dated: _ January 17, 2025__ feliinfhacican BETH LABSON FREEMAN 3 United States District Judge 4 5 6 7 8 9 10 11 12

13 15

16 2 18 19 20 21 22 23 24 95 Order Granting Mot. for EOT to file AC & IFP PRO-SE\BLF\CR.24\03904Khan_eot-ac&IFP 26 27

Reference

Status
Unknown