Bratton v. Broomfield
- Beth Freeman
- 5:20-cv-03885
- U.S. District Court · Northern District of California
- 2
In Bratton v. Broomfield, Judge Freeman granted in part Bratton’s request for more time to file a second amended complaint.
Ronald W. Bratton, the plaintiff, received 28 days to file a second amended complaint; the action could be dismissed without prejudice if he failed to comply.
What happened
In Bratton v. Broomfield, Ronald W. Bratton, a state prisoner representing himself, sued San Quentin State Prison staff under a civil-rights law. The court had dismissed his amended complaint but allowed him to try again.
Bratton asked for 60 more days because he had limited access to the law library. The court granted his motion in part and gave him 28 days from the order’s filing date to submit a second amended complaint using the court’s form. He could request more time if necessary.
The court warned that the new complaint would replace the earlier one and that claims or defendants left out would no longer be part of the case. Judge Beth Labson Freeman stated that failing to file on time would result in dismissal of the action without prejudice.
The detailed version
- Bratton v. Broomfield · No. 5:20-cv-03885
- Beth Freeman
- Jan. 26, 2022
Background
Ronald W. Bratton, identified in the opinion as a state prisoner proceeding without a lawyer, brought a civil-rights action under 42 U.S.C. § 1983 against staff at San Quentin State Prison. On December 29, 2021, the court dismissed his amended complaint but gave him permission to amend it again. The deadline for filing a second amended complaint was January 25, 2022.
Bratton moved for an extension of time, citing limited access to the law library. He requested 60 additional days.
Ruling
The court granted the motion in part. It ordered Bratton to file a second amended complaint on the court’s form within 28 days from the date of the order. The court stated that Bratton could request additional time if necessary.
The court required the second amended complaint to use the caption and civil case number shown in the order and to include the words “SECOND AMENDED COMPLAINT” on its first page. Bratton was required to answer all questions on the form. The new complaint would replace the amended complaint, and claims or defendants not included in it would no longer be part of the action.
The court warned that failing to file the second amended complaint as ordered would result in dismissal of the action without prejudice and without further notice. The order terminated Docket No. 17. 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.