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’s second request for more time to file a third amended complaint.
Ronald W. Bratton, the self-represented plaintiff, received additional time to file a third amended complaint. The prison-staff defendants remained involved in the action unless omitted from the required amended complaint.
What happened
Ronald W. Bratton, a state prisoner representing himself, sued prison staff at San Quentin State Prison under a federal civil-rights law. The court had previously ordered him to file a third amended complaint by September 26, 2023.
Bratton asked for a second extension while obtaining help drafting the complaint. The court granted the request and required him to file the complaint using the court’s form by October 30, 2023.
Judge Beth Labson Freeman warned that failing to file by that date would result in dismissal of the action without prejudice and without further notice. The order terminated the motion.
The detailed version
- Bratton v. Broomfield · No. 5:20-cv-03885
- Beth Freeman
- Sept. 27, 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 previously granted him an extension of time to file a third amended complaint and set a deadline of September 26, 2023.
Motion and Ruling
Bratton moved for a second extension of time while he obtained help drafting the third amended complaint. Finding good cause, the court granted the motion. The court ordered Bratton to use the court’s form and file the third amended complaint no later than October 30, 2023, to attempt to correct deficiencies in the prior complaint.
Filing Requirements and Warning
The court required the third amended complaint to use the caption and case number stated in the order and to include the words “THIRD AMENDED COMPLAINT” on its first page. Bratton was required to answer all questions on the form. The court explained that the third amended complaint would replace the second amended complaint, and that claims or defendants omitted from the new complaint would no longer be part of the action.
The court warned that failure to file the third amended complaint by October 30, 2023, would result in dismissal of the action without prejudice and without further notice. The order terminated Docket No. 47.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.