West v. Federal Bureau of Prisons et al

Filing 24

ORDER VACATING 19 FINDINGS AND RECOMMENDATIONS; ORDER GRANTING leave to file Third Amended Complaint within Thirty (30) Days, signed by Magistrate Judge Dennis L. Beck on 08/03/2010. (Third Amended Complaint due by 9/7/2010) (Martin, S)

(PC) West v. Federal Bureau of Prisons et al

Doc. 24

1 2 3 4 5 6 EASTERN DISTRICT OF CALIFORNIA 7 8 GERALD A. WEST, 9 10 v. (ECF NO. 19) 11 FEDERAL BUREAU OF PRISONS, et al., 12 13 14 15 Plaintiff Gerald A. West ("Plaintiff") is a federal prisoner proceeding pro se and in forma Defendants. / ORDER GRANTING LEAVE TO FILE THIRD AMENDED COMPLAINT WITHIN THIRTY (30) DAYS Plaintiff, 1:09-CV-01277-LJO-DLB PC ORDER VACATING FINDINGS AND RECOMMENDATIONS

UNITED STATES DISTRICT COURT

16 pauperis in this civil rights action pursuant to Bivens v. Six Unknown Named Agents of Federal 17 Bureau of Narcotics, 403 U.S. 388 (1971), which provides a remedy for violation of civil rights 18 by federal actors. Plaintiff opened this action on July 22, 2009. On April 15, 2010, the 19 undersigned screened Plaintiff's second amended complaint pursuant to 28 U.S.C. § 1915A(a) 20 and found that it stated cognizable claim against Defendant John Doe 2, but failed to state a 21 claim against any other Defendants. The Court issued a Findings and Recommendations 22 recommending dismissal of Defendants John Doe 1 and 3. On July 6, 2010, Plaintiff filed his 23 objections. Plaintiff contends that he had relied upon misinformation when he submitted his 24 second amended complaint, and requests leave to file a third amended complaint to clarify his 25 allegations. 26 Plaintiff may be able to state a cognizable claim if given the opportunity to file a third

27 amended complaint. See Lopez v. Smith, 203 F.3d 1122, 1127 (9th Cir. 2000) (en banc). The 28 Court had not previously screened Plaintiff's original or first amended complaint. Accordingly, 1
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1 the Court will grant Plaintiff leave to file a third amended complaint. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 3. Based on the foregoing, it is HEREBY ORDERED that: 1. 2. The Court's Findings and Recommendations, filed April 15, 2010, is VACATED; Plaintiff is granted leave to file a third amended complaint within thirty (30) days from the date of service of this order; and Failure to comply with this order will result in a recommendation of dismissal of this action for failure to obey a court order. IT IS SO ORDERED. Dated: 3b142a

August 3, 2010

/s/ Dennis L. Beck UNITED STATES MAGISTRATE JUDGE