West v. Federal Bureau of Prisons et al

Filing 55

ORDER Granting 54 Plaintiff's Motion for Leave to File Amended Complaint, signed by Magistrate Judge Gerald B. Cohn on 2/21/12. (Attachments: # 1 Complaint form)(Verduzco, M)

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1 2 UNITED STATES DISTRICT COURT 3 EASTERN DISTRICT OF CALIFORNIA 4 GERALD A. WEST, 5 Plaintiff, 6 CASE NO. 1:09-CV-01277-LJO-GBC (PC) v. 7 ORDER GRANTING PLAINTIFF’S MOTION FOR LEAVE TO FILE AMENDED COMPLAINT FEDERAL BUREAU OF PRISONS, et al., 8 Doc. 54 Defendants. / 9 10 On July 22, 2009, Plaintiff Gerald A. West, a federal prisoner proceeding pro se and in forma 11 pauperis, filed a complaint against Defendants employed by the United States Penitentiary in 12 Atwater, California,1 pursuant to Bivens v. Six Unknown Named Agents of Federal Bureau of 13 Narcotics, 403 U.S. 388 (1971). Doc. 1. On August 27, 2010, Plaintiff filed a third amended 14 complaint, naming only Doe Defendants. Doc. 25. On February 13, 2012, Plaintiff filed a motion 15 to amend his complaint and submitted a proposed complaint, but it was unsigned. Doc. 54.2 16 Accordingly, it is HEREBY ORDERED that: 17 1. Plaintiff’s motion for leave to filed amended complaint is GRANTED; 18 2. The Clerk’s Office shall send Plaintiff a complaint form; and 19 3. Within thirty (30) days from the date of service of this order, Plaintiff shall file a 20 signed fourth amended complaint. 21 22 IT IS SO ORDERED. 23 24 Dated: 7j8cce February 21, 2012 UNITED STATES MAGISTRATE JUDGE 25 26 27 1 Plaintiff is currently incarcerated at the United States Penitentiary in Lewisburg, Pennsylvania. 2 The Court cannot consider unsigned filings. Fed. R. Civ. P. 11(a). 28

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