Baldwin v. Atchley
- Beth Freeman
- 5:20-cv-00676
- U.S. District Court · Northern District of California
- 2
In Baldwin v. Atchley, Judge Freeman ordered Baldwin to refile a complete amended complaint within 28 days.
Anthony Lee Baldwin must refile a complete amended complaint or the court will review the incomplete-looking version already on the docket; the clerk must send him the specified documents.
What happened
Baldwin v. Atchley is a civil-rights case brought by Anthony Lee Baldwin, who is incarcerated in California and is representing himself. The court had previously dismissed his complaint while allowing him to amend it.
Baldwin filed an amended complaint, but the court said the docketed copy appeared to be missing pages that might contain necessary allegations. The court therefore ordered him to file another complete amended complaint using the court’s form within 28 days.
Judge Beth Abson Freeman also directed the clerk to send Baldwin the required forms and copies of relevant documents. The court said that if Baldwin does not refile on time, it will conduct its initial review of the amended complaint already on the docket.
The detailed version
- Baldwin v. Atchley · No. 5:20-cv-00676
- Beth Freeman
- Jan. 8, 2021
Background
Anthony Lee Baldwin, a California state prisoner proceeding without a lawyer, filed a civil-rights action under 42 U.S.C. § 1983. The opinion says the defendants included employees of Salinas Valley State Prison, where Baldwin was incarcerated, and officers at the Del Norte County Sheriff’s Office.
The court had dismissed Baldwin’s original complaint with permission to amend, directing him to correct several deficiencies. Baldwin then filed an amended complaint. The court observed that, because of possible scanning errors, the copy on the docket appeared to be missing pages that might contain allegations needed to state a legally recognizable claim.
Order
The court directed Baldwin to file a complete amended complaint within 28 days. He must use the court’s form, comply with the earlier dismissal order, include the case caption and case number, mark the first page “AMENDED COMPLAINT,” and answer all questions on the form. The court reminded him that the new amended complaint would replace the original complaint: claims and defendants not included in it would no longer be part of the case.
If Baldwin does not file another amended complaint within the deadline, the court will conduct its initial review of the amended complaint currently filed at Docket No. 12. The clerk was ordered to send Baldwin two complaint forms, a printout of the docketed amended complaint, and a copy of the earlier dismissal order. Judge Beth Abson Freeman signed the order.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.