Brown v. United States of America et al

Filing 13

ORDER DENYING Plaintiff's re 9 , 10 , and 11 , signed by Magistrate Judge Michael J. Seng on 3/20/2012. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JOSEPH ANTHONY BROWN,

CASE NO.

1:11-CV-01562-MJS (PC)

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Plaintiff,
ORDER DENYING PLAINTIFF’S
MISCELLANEOUS MOTIONS

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v.
(ECF Nos. 9, 10, 11)

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UNITED STATES OF AMERICA, et al.

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Defendants
/

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Plaintiff Joseph Anthony Brown, a federal prisoner proceeding pro se, brings this
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civil rights action pursuant to 42 U.S.C. § 1983 and Bivens v. Six Unknown Named Agents
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of Federal Bureau of Narcotics, 403 U.S. 388 (1971). (ECF No. 1.) Plaintiff has consented
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to Magistrate Judge jurisdiction. (ECF No. 6.)
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Plaintiff’s September 15, 2011 Complaint was screened by the Court and dismissed
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for failure to state a claim with leave to amend by April 16, 2012. (ECF No. 12.)
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Before the Court are Plaintiff’s Ex Parte Motions to Change Pleading (ECF No. 9),
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Amend Proof of Service (ECF No. 10) and Change Pleading (ECF No. 11.) These motions
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are moot.
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Plaintiff’s Complaint having been dismissed, there is no action pending to be served.
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The Court will direct the United States Marshal to serve an amended complaint only after
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the Court has screened it and determined that it contains cognizable claims for relief
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against the named Defendants.
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As to Plaintiff’s motions to change pleading, he already has been given leave to

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amend. He has until April 16, 2012 to file an amended complaint consistent with the

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Court’s March 14, 2012 screening order.

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Plaintiff’s motion at ECF No. 11 may be read as a request for records in the Court’s

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docket. Plaintiff may make arrangements with the Court Clerk to obtain copies upon his

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submitting a money order covering the cost of copies at the Court’s scheduled charge of

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$0.50 per page.

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Accordingly, Plaintiff’s Motion to Change Pleading (ECF No. 9), Motion to Amend

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Proof of Service (ECF No. 10) and Motion to Change Pleading (ECF No. 11) are hereby

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DENIED.

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IT IS SO ORDERED.

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Dated:
ci4d6

March 20, 2012

Michael J. Seng

/s/
UNITED STATES MAGISTRATE JUDGE

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