Khan v. Presley
- Beth Freeman
- 5:24-cv-03905
- U.S. District Court · Northern District of California
- 3
In Khan v. Presley, Judge Freeman granted more time to amend the complaint and file a non-prisoner fee-waiver application, and ordered a medical document sealed.
Muhammad Khan, who received additional time to file the required documents; the clerk, who was directed to seal his medical document; and the defendants, whose case remains subject to the required amended filing.
What happened
Khan v. Presley is a civil-rights case brought by Muhammad Khan under a federal law allowing claims against state officials for unconstitutional conduct. The court had previously dismissed his complaint but allowed him to file an amended complaint, and required him to submit a non-prisoner application to waive filing fees because he was no longer incarcerated.
The court granted Khan’s request for more time, setting February 1, 2025, as the deadline for filing the amended complaint and fee-waiver application. The court also ordered the clerk to file Khan’s medical document under seal to protect his medical privacy. The court said there is no court “ADA coordinator” and would consider his request for additional time when setting future deadlines.
Judge Beth Labson Freeman warned that failing to file the required documents could result in dismissal for failure to state a claim, without further notice. This order did not decide whether Khan’s underlying civil-rights claims were valid.
The detailed version
- Khan v. Presley · No. 5:24-cv-03905
- Beth Freeman
- Jan. 17, 2025
Background
Muhammad Khan, identified as a state parolee, filed a civil-rights action under 42 U.S.C. § 1983 concerning alleged unconstitutional acts at the Correctional Training Facility, where he had formerly been housed. On December 2, 2024, the court dismissed his complaint but allowed him to amend it. The court also directed him to file a non-prisoner application to proceed without paying the filing fee because he was no longer incarcerated.
Khan asked for an extension until February 1, 2025. He cited delays in receiving electronic filing notifications, difficulties writing and typing, and a letter from a care provider. He also requested an accommodation under the Americans with Disabilities Act and the Rehabilitation Act, asked to be connected with an “ADA coordinator,” and requested confidentiality for his medical information.
Ruling
The court granted the motion for an extension of time to file the amended complaint and the non-prisoner fee-waiver application. Khan must use the court’s form complaint, include the required case caption and the words “FIRST AMENDED COMPLAINT,” and answer all questions on the form. The court reminded him that an amended complaint replaces the original complaint and that claims or defendants omitted from it will no longer be part of the action.
The court stated that there is no “ADA coordinator” for the court. To protect Khan’s medical privacy, it directed the clerk to file his medical document under seal. The court also said it would consider his request for additional time when setting future deadlines.
Effect of the Order
The order did not decide the merits of Khan’s civil-rights claims. It warned that failure to file the amended complaint or the required fee-waiver application by the deadline could result in dismissal of the action for failure to state a claim, without further notice. The order terminated Docket No. 7.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.