1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 DEREK BURTON, Case No.: 24-cv-1302-MMA (JLB)

CDCR #AI-5407,

12

ORDER GRANTING MOTION FOR

Plaintiff, 13 EXTENSION OF TIME TO AMEND vs. 14

MCVAY, Warden, et al., 15 [Doc. No. 8] Defendants. 16 17 18 19 Plaintiff is a state prisoner proceeding pro se and in forma pauperis with a civil 20 rights action pursuant to 42 U.S.C. § 1983. On August 11, 2024, the Court dismissed the 21 complaint for failure to state a claim and granted Plaintiff leave to amend on or before 22 September 27, 2024. Doc. No. 5. On September 10, 2024, the Court granted Plaintiff’s 23 motion for a 30-day extension of time to amend until October 28, 2024. Doc. No. 7. 24 Plaintiff has now filed a second Motion seeking another 30-day extension of time to 25 amend. Doc. No. 8. 26 The Court GRANTS Plaintiff’s Motion and EXTENDS the time to amend to 27 November 28, 2024. Plaintiff is reminded that his amended complaint must be complete 28 by itself without reference to any previous version of his complaint. Any Defendants not | |}re-named and any claims not re-alleged in the amended complaint will be considered 2 || waived. See S.D. Cal. CivLR 15.1; Hal Roach Studios, Inc. v. Richard Feiner & Co., 3 || 896 F.2d 1542, 1546 (9th Cir. 1989) (“[A]n amended pleading supersedes the 4 || original.”); Lacey v. Maricopa County, 693 F.3d 896, 928 (9th Cir. 2012) (noting that 5 || claims dismissed with leave to amend which are not re-alleged in an amended pleading 6 || may be “considered waived if not repled.’’) 7 IT IS SO ORDERED. 8 || Dated: October 29, 2024 9

11 United States District Judge 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2