(PS) Wilburn v. Bratcher et al, No. 2:2015cv00699 - Document 60 (E.D. Cal. 2016)
Court Description: ORDER signed by Magistrate Judge Gregory G. Hollows on 4/5/16 GRANTING Plaintiff 30 days from the date of service of this order to file an amended complaint that complies with the terms of the district judge's dismissal and the undersigned 9;s findings and recommendations; the requirements of the FRCP, and the Local Rules of Practice; the amended complaint must bear the docket number assigned this case and must be labeled "First Amended Complaint;" failure to file an amended complaint will result in a recommendation that this action be dismissed. (Jackson, T)
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(PS) Wilburn v. Bratcher et al Doc. 60 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 TERRENCE LAMAR WILBURN, 12 13 No. 2:15-cv-0699 TLN GGH Plaintiff, v. ORDER 14 GARREN BRATCHER, et al., 15 Defendants. 16 17 18 19 Plaintiff, proceeding pro se, filed the above-entitled action. The matter was referred to the undersigned pursuant to Local Rule 302(c)(21). On March 31, 2016, the presiding district judge adopted the undersigned’s findings and 20 recommendations. ECF No. 59. The district judge’s order (1) dismissed plaintiff’s claims against 21 defendant Helena Gweon without leave to amend; (2) granted defendant Garren Bratcher’s 22 special motion to strike with leave to amend; (3) dismissed sua sponte claims one through three 23 against defendant Garren Bratcher with leave to amend; (4) dismissed claims one through twelve 24 with leave to amend and claim thirteen without leave to amend as to defendants Samuel D. 25 Somers, Jr., George Chargin, erroneously sued as G. Chargin, Jose Yepes, erroneously sued as J. 26 Yepes, Sameer Sood, erroneously sued as S. Sood, Bobby Daniels, Jeremy Ratcliffe, erroneously 27 sued as J. Ratcliffe, and Kevin Patton, erroneously sued as K. Patton; (5) dismissed claims one 28 through eight with leave to amend, and claims nine through thirteen without leave to amend, as to 1 Dockets.Justia.com 1 defendants the City of Sacramento and the Sacramento Police Department; (6) dismissed claims 2 one through twelve with leave to amend and claim thirteen without leave to amend as to 3 defendants Sheriff Scott Jones, Sacramento County District Attorney, Deputy District Attorney 4 Laura West, Deputy Public Defender Teresa Huang, Deputy Public Defender Larry Yee, and 5 Deputy Hester; and (7) dismissed claims one through eight with leave to amend, and claims nine 6 through thirteen without leave to amend, as to defendants the County of Sacramento, Sacramento 7 County District Attorney, Sacramento County Sheriff’s Department, and Sacramento County 8 Public Defender’s Office. Id. 9 10 Accordingly, IT IS HEREBY ORDERED that: 1. Plaintiff is granted thirty days from the date of service of this order to file an amended 11 complaint that complies with the terms of the district judge’s dismissal and the undersigned’s 12 findings and recommendations; the requirements of the Federal Rules of Civil Procedure, and the 13 Local Rules of Practice; the amended complaint must bear the docket number assigned this case 14 and must be labeled “First Amended Complaint;” failure to file an amended complaint will result 15 in a recommendation that this action be dismissed. 16 2. Plaintiff may, but is not required to, utilize the Pro Se Forms provided on the U.S. 17 Courts website to draft his First Amended Complaint, at http://www.uscourts.gov/forms/pro-se- 18 forms. The court recommends that plaintiff, in particular, review Pro Se Form 15, Complaint for 19 Violation of Civil Rights (Non-Prisoner). 20 Dated: April 5, 2016 21 /s/ Gregory G. Hollows 22 UNITED STATES MAGISTRATE JUDGE 23 24 25 /GGH17; wilb0699.amend 26 27 28 2
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