Trevino v. Dotson et al

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United States District Court
Northern District of California
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
ROBERT TREVINO,
Plaintiff,
v.
E. DOTSON, et al.,
Defendants.
Case No. 23-cv-01311-NW
ORDER SETTING ASIDE OCTOBER 9,
2025 DISMISSAL OF CERTAIN
CLAIMS
Re: ECF No. 35
On August 20, 2025, the Court screened Plaintiff Robert Trevino’s Amended Complaint
and dismissed certain claims that did not state cognizable § 1983 claims. The Court granted
Trevino leave to file an amended complaint within 28 days. See ECF No. 34. Trevino did not file
an amended complaint or otherwise communicate with the Court for several months, and the Court
subsequently dismissed the non-cognizable claims and ordered service of the Amended
Complaint. See ECF No. 35. Trevino has now provided the Court with evidence that he never
received the Court’s August 20, 2025 Order, and he therefore did not have an opportunity to
review it and attempt to address the deficiencies identified during screening. See ECF No. 56.
Accordingly, the Court SETS ASIDE its October 9, 2025 dismissal of certain claims in the
Amended Complaint. See ECF No. 35.
IT IS SO ORDERED.
Dated: February 23, 2026
Noël Wise
United States District Judge
Case 5:23-cv-01311-NW Document 58 Filed 02/23/26 Page 1 of 1