Maggay v. Micke
- Beth Freeman
- 5:21-cv-04994
- U.S. District Court · Northern District of California
- 2
In Maggay v. Micke, Judge Freeman granted Roderick Maggay a third extension to file a second amended complaint in his civil-rights case.
Roderick Maggay and the defendants in his civil-rights action; the case remains pending while Maggay is given additional time to file a second amended complaint.
What happened
Maggay v. Micke is a civil-rights case brought by Roderick Maggay, a federal prisoner representing himself, against staff at the Santa Rita County Jail.
The court had allowed Maggay to file a second amended complaint and had already granted two extensions. Maggay requested a third extension because the facility was in total lockdown.
The court granted the extension and gave Maggay 28 days from the order’s filing date to submit the complaint. Judge Beth Labson Freeman also explained the filing requirements and said the case would otherwise proceed on the claims recognized in the earlier screening order.
The detailed version
- Maggay v. Micke · No. 5:21-cv-04994
- Beth Freeman
- Nov. 22, 2022
Background
Roderick Maggay, a federal prisoner proceeding without a lawyer, filed a civil-rights action under 42 U.S.C. § 1983 against staff at the Santa Rita County Jail. On July 14, 2022, the court gave him permission to file a second amended complaint. On October 4, 2022, the court granted a second extension, setting a November 15, 2022 deadline.
Motion and ruling
Maggay moved for a third extension of time because the facility was in total lockdown. Finding good cause, the court granted the extension. Maggay must file the second amended complaint on the court’s form no later than 28 days from the date of the order.
The court required the complaint to use the caption and case number shown in the order—Case No. 21-cv-04994 BLF (PR)—and to include the words “SECOND AMENDED COMPLAINT” on the first page. Maggay must answer all questions on the form. The second amended complaint will replace the original and earlier amended complaints; claims and defendants left out of it will no longer be part of the case.
If Maggay does not file the second amended complaint within the time allowed, the action will proceed based on the claims the court found legally sufficient in its initial screening order. The order terminated Docket No. 34.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.