Herrera v. Ortega
- Beth Freeman
- 5:20-cv-02035
- U.S. District Court · Northern District of California
- 2
In Herrera v. Ortega, Judge Freeman granted Herrera more time to file an amended complaint.
Joshua Herrera, whose deadline to file an amended complaint was extended; the case would be dismissed without prejudice if he failed to comply with the order.
What happened
In Herrera v. Ortega, Joshua Herrera, a state prisoner representing himself, sued prison staff under a federal civil-rights law. The court had dismissed his complaint but allowed him to try again on a retaliation claim.
Herrera asked for more time because he had limited access to the law library. The court granted the request and gave him 28 days to file an amended complaint using the court’s form.
The amended complaint must follow the court’s instructions, and failing to file it on time would result in dismissal of the action without prejudice. Judge Beth Labson Freeman issued the order.
The detailed version
- Herrera v. Ortega · No. 5:20-cv-02035
- Beth Freeman
- Oct. 19, 2020
Background
Joshua Herrera, a state prisoner proceeding without a lawyer, filed a civil-rights lawsuit under 42 U.S.C. § 1983 against staff at Salinas Valley State Prison. In an earlier order, the court dismissed his complaint while allowing him to amend a First Amendment retaliation claim against any named defendant. The court dismissed his other claims for failure to state a claim, meaning the complaint did not adequately allege a legally valid claim. Herrera was directed to file an amended complaint within 28 days.
Motion and ruling
Herrera moved for an extension of time because he had limited access to the law library. The court found good cause and granted the motion. It gave him 28 days from the date of the order to file an amended complaint using the court’s form.
Requirements and consequence
The court ordered Herrera to use the case caption and civil case number shown in the order and to place the words “AMENDED COMPLAINT” on the first page. He must answer all questions on the form. The amended complaint will replace the original complaint; claims and defendants omitted from it will no longer be part of the action. If Herrera does not file the amended complaint within the stated time, the action will be dismissed without prejudice and without further notice. Judge Beth Labson Freeman signed the order.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.