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 GRANTING SUA SPONTE
EXTENSION OF TIME TO FILE
AMENDED COMPLAINT, DENYING
MOTIONS TO AMEND COMPLAINT
AND MOTION TO DISMISS AS MOOT
Re: ECF Nos. 48, 51, 56
The Court is in receipt of Plaintiff Robert Trevino’s two motions for leave to file an
amended complaint (ECF Nos. 48, 56)1 and Defendants’ motion to dismiss (ECF No. 51).
Trevino filed his motions for leave to amend after the Court issued orders screening his Amended
Complaint (ECF No. 34) and dismissing non-cognizable claims for failure to file an amended
complaint by the deadline (ECF No. 35), arguing that the Court dismissed key Defendants and
alleging that he did not receive this Court’s screening Order. In the meantime, Defendants filed
their motion to dismiss addressing only the cognizable claims identified in this Court’s dismissal
order (ECF No. 35). See ECF No. 51.
In response to Trevino’s recent submission of evidence showing that he did not receive this
Court’s screening Order, the Court set aside its order dismissing non-cognizable claims. See ECF
No. 58. Moreover, the Court now Orders as follows:
1. The Court GRANTS Trevino a sua sponte extension of time to file his Second
1 The motions for leave to amend suggest that Trevino misunderstood the Court’s orders, as he
contends that the Court dismissed conspiracy claims against Hopkins, Ross, Servier, and Vega.
See ECF No. 48 at 2. Trevino is incorrect. The Court found that Trevino stated cognizable claims
of conspiracy against several Defendants, including the aforementioned, based on their alleged
planting of a weapon, suppression of Trevino’s attempts to file grievances, and falsification of
incident and medical reports. See ECF No. 34 at 17; ECF No. 35 at 1.
Case 5:23-cv-01311-NW Document 59 Filed 02/23/26 Page 1 of 3

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United States District Court
Northern District of California
Amended Complaint.
2. The amended complaint must be filed within 28 days of the date this order is filed
and must include the caption and civil case number used in this order and the words
“Second Amended Complaint” on the first page. Because an amended complaint
completely replaces the original complaint, Trevino must re-allege all cognizable
claims and name all Defendants he wishes to pursue in addition to amending his
Eighth Amendment claims. See Ferdik v. Bonzelet, 963 F.2d 1258, 1262 (9th Cir.
1992). He may not incorporate material from the prior complaints or proceedings
by reference. Failure to amend within the designated time will result in this
action moving forward only as to the following cognizable claims:
a. Claims of interference with Trevino’s First Amendment right to access the
courts by Defendant Medina, Martinez, and Benavides;
b. Claims of conspiracy to violate Trevino’s Fourteenth Amendment due
process rights based on alleged planting of a weapon, suppression of
attempts to file grievances, and falsification of incident and medical reports
by the following Defendants: Dotson, Ambriz, Hopkins, Medina, Lord,
Waterman, Servier, Ross, Newcomb, Cary, Vega, Perez, Anguiano, Collier,
Elias, Milenewicz, Mendoza, Solis, Martinez, Piazano, Benavides, Binkele,
and Voong;
c. Claim that Trevino’s Fourteenth Amendment right to due process was
violated by Defendants Piazano, Lord, Waterman, Binkele, and Hopkins
with respect to Trevino’s disciplinary hearing for the July 15, 2011 incident.
3. The motions for leave to file an amended complaint (ECF Nos. 48, 56) are
DENIED AS MOOT.
4. The pending motion to dismiss (ECF No. 51) is DENIED AS MOOT without
prejudice to renewal if appropriate.
5. It is Trevino’s responsibility to prosecute this case. Trevino must keep the Court
informed of any change of address by filing a separate paper with the Clerk headed
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United States District Court
Northern District of California
“Notice of Change of Address,” and must comply with the Court’s orders in a
timely fashion. Failure to do so may result in the dismissal of this action for failure
to prosecute pursuant to Federal Rule of Civil Procedure 41(b).
6. The Clerk is requested to include a copy of this Court’s screening order (ECF
No. 34) with the copy of this order.
IT IS SO ORDERED.
Dated: February 23, 2026
Noël Wise
United States District Judge
Case 5:23-cv-01311-NW Document 59 Filed 02/23/26 Page 3 of 3