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 Bratton a second extension to file a second amended complaint, warning failure would result in dismissal without prejudice.
Ronald W. Bratton, who was given 28 days to file a second amended complaint; failure to do so would result in dismissal of the action without prejudice.
What happened
Bratton v. Broomfield is a civil-rights case brought by Ronald W. Bratton, a state prisoner representing himself, against prison staff at San Quentin State Prison. The court had dismissed his amended complaint with permission to amend, and had already granted one extension to file a second amended complaint.
Bratton requested another extension because COVID-19 restrictions limited his access to the law library. The court granted the request and gave him 28 days from the order’s date to file a second amended complaint using the court’s form.
Judge Beth Labson Freeman warned that failing to file the required complaint on time would result in dismissal of the action without prejudice and without further notice. The order terminated the motion listed as Docket No. 19.
The detailed version
- Bratton v. Broomfield · No. 5:20-cv-03885
- Beth Freeman
- Mar. 1, 2022
Background
Ronald W. Bratton, a state prisoner proceeding without a lawyer, filed a civil-rights action under 42 U.S.C. § 1983 against prison staff at San Quentin State Prison. On December 29, 2021, the court dismissed his amended complaint but allowed him to file another amended complaint. The court later extended the deadline to February 23, 2022.
Motion and ruling
Bratton moved for a second extension of time, citing limited access to the law library because of COVID-19 restrictions. The court found good cause and granted the motion.
The court ordered Bratton to file a second amended complaint using the court’s form no later than 28 days from March 1, 2022. The complaint had to use the caption and civil case number stated in the order, include the words “SECOND AMENDED COMPLAINT” on the first page, and answer all questions on the form. The court explained that the second amended complaint would replace the prior amended complaint: claims and defendants omitted from it would no longer be part of the action.
Warning and disposition
The court warned that failure to file the second amended complaint as ordered and within the required time would result in dismissal of the action without prejudice and without further notice to Bratton. The order granted the motion for a second extension and terminated Docket No. 19. It did not decide the merits of Bratton’s civil-rights claims.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.