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 28 more days to file a third amended complaint because of illness.
Ronald W. Bratton, who received additional time to file a third amended complaint; the action’s claims and defendants may be affected by what he includes in that filing.
What happened
In Bratton v. Broomfield, Ronald W. Bratton, a state prisoner representing himself, asked for more time to file a third amended complaint after the court dismissed his second amended complaint with permission to amend.
The court granted the request and gave Bratton 28 days from the order’s filing date to submit the complaint using the court’s form. The new complaint must include the required case information, answer all form questions, and replace the earlier complaint.
Judge Beth Labson Freeman warned that failing to file on time would result in dismissal of the action without prejudice and without further notice. The order terminated the motion docketed as No. 45.
The detailed version
- Bratton v. Broomfield · No. 5:20-cv-03885
- Beth Freeman
- Aug. 29, 2023
Background
Ronald W. Bratton, a state prisoner proceeding without a lawyer, brought a civil-rights action under 42 U.S.C. § 1983 against prison staff at San Quentin State Prison. The court had dismissed his second amended complaint on July 25, 2023, but allowed him to amend. The court directed him to file a third amended complaint by August 22, 2023.
Bratton moved for an extension of time because of his current illness.
Ruling
The court found good cause and granted the motion for an extension of time. Bratton must file a third amended complaint using the court’s form no later than 28 days from August 29, 2023.
The court required the filing to use the caption and civil case number shown in the order and to include the words “THIRD AMENDED COMPLAINT” on the first page. Bratton must answer all questions on the form. The third amended complaint will replace the second amended complaint; claims omitted from it will no longer be claims, and defendants not named in it will no longer be defendants.
The court stated that failure to file the third amended complaint within the time provided will result in dismissal of the action without prejudice and without further notice. The order terminated Docket No. 45.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.