Zavala v. Rios et al

Filing 66

ORDER GRANTING 58 Motion to Amend; Amended Complaint due within Thirty Days signed by Magistrate Judge Michael J. Seng on 4/9/2013. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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RAUL SANCHEZ ZAVALA ,

CASE NO.

09-cv-0679-MJS (PC)

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ORDER GRANTING MOTION TO AMEND

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Plaintiff,

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(ECF No. 58)
v.
AMENDED COMPLAINT
THIRTY DAYS

HECTOR RIOS, et al.,

DUE

WITHIN

Defendants.
/

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Plaintiff Raul Sanchez Zavala (“Plaintiff”) is a prisoner proceeding pro se and in

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forma pauperis in this civil rights action pursuant to Bivens v. Six Unknown Named Agents

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of Federal Bureau of Narcotics, 403 U.S. 388 (1971) and 28 U.S.C. § 1331.

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This action is proceeding on Plaintiff’s Fifth Amendment Complaint filed June 17,

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2012, against Defendant Gonzaga and various Doe Defendants. (ECF No. 34) The Fifth

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Amended Complaint alleges causes of action arising under the Due Process Clause of the

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Fifth Amendment. (Id.) Plaintiff seeks compensatory and punitive damages. (Id.)
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On February 14, 2013, the Court consolidated another one of Plaintiff’s actions

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(1:12-cv-00930 (PC) Zavala v. United States) with this action. (ECF No. 55.) In its order,

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the Court directed Plaintiff to file a motion to amend and a proposed sixth amended

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complaint. (Id.) Plaintiff’s former counsel filed a motion to amend on February 22, 2013.

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(ECF No. 58.) Defendant Gonzaga has filed a statement of non-opposition. (ECF No. 63.)
The Federal Rules of Civil Procedure state that leave to amend shall be freely given.

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Fed. R. Civ. P. 15(a)(2).

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Accordingly, Plaintiff’s motion to amend is GRANTED. Within thirty (30) days of

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service of this order, Plaintiff should file a new amended complaint that should be clearly

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and boldly titled “Sixth Amended Complaint,” refer to the appropriate case number, and be

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an original signed under penalty of perjury. The Court will screen this pleading and order
additional service if necessary.

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IT IS SO ORDERED.

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Dated:
ci4d6

April 9, 2013

/s/

Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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