Opinion
21-09230 BLF (PR)
05-09-2022
ALPHONSO RAMON CLARK, Plaintiff, v. DR. MOLLY BROWN, et al., Defendants.
ORDER GRANTING MOTION FOR EXTENSION OF TIME TO FILE AMENDED COMPLAINT (DOCKET NO. 5)
BETH LABSON FREEMAN, United States District Judge.
Plaintiff, a state prisoner currently housed at Napa State Hospital, filed a pro se civil rights action pursuant to 42 U.S.C. § 1983. Dkt. No. 1. On April 5, 2022, the Court dismissed the complaint with leave to amend. Dkt. No. 3. Plaintiff was directed to file an amended complaint within twenty-eight days from the date the order was filed, i.e., no later than May 3, 2022. Id.
On April 29, 2022, Plaintiff filed a letter requesting an extension of time to file an amended complaint, which the court construes as a motion for an extension of time. Dkt. No. 5. The timely filed request is GRANTED. Plaintiff shall file an amended complaint using the court's form complaint to attempt to correct the deficiencies in the original complaint no later than June 1, 2022.
The amended complaint must include the caption and civil case number used in this order, i.e., Case No. C 21-09230 BLF (PR), and the words “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 amended complaint supersedes the original, and Plaintiff may not make references to the original complaint. Claims not included in the amended complaint are no longer claims and defendants not named in an amended complaint are no longer defendants. See Ferdik v. Bonzelet, 963 F.2d 1258, 1262 (9th Cir.1992).
Failure to respond in accordance with this order by filing an amended complaint in the time provided will result in the dismissal of this action without prejudice and without further notice to Plaintiff.
IT IS SO ORDERED.