Bridgewater v. Cate, et al

Filing 11

ORDER signed by Magistrate Judge Dale A. Drozd on 10/05/11 denying 10 Motion for a court order. Plaintiff is granted 30 days from the date of service of this order to file an amended complaint. (Plummer, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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KEITH BRIDGEWATER,

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Plaintiff,
vs.
MATTHEW CATE et al.,

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Defendants.

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ORDER
/

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No. CIV S-10-2971 GEB DAD P

Plaintiff is a state prisoner proceeding pro se. He seeks relief pursuant to 42
U.S.C. § 1983.
On July 19, 2011, the court dismissed plaintiff’s complaint with leave to file an

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amended complaint. In response to the court’s order, plaintiff has filed a motion seeking a court

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order directing the California Department of Corrections and Rehabilitation (“CDCR”) to allow

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him additional time in the prison law library. Plaintiff is advised that this court is unable to issue

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an order against CDCR or individuals or entities who are not parties to the suit pending before it.

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See Zenith Radio Corp. v. Hazeltine Research, Inc., 395 U.S. 100, 112 (1969).

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However, in the interest of justice, the court will grant plaintiff an additional thirty

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days to file an amended complaint. Plaintiff is reminded that Rule 8(a)(2) of the Federal Rules of

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Civil Procedure “requires only ‘a short and plain statement of the claim showing that the pleader
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is entitled to relief,’ in order to ‘give the defendant fair notice of what the . . . claim is and the

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grounds upon which it rests.’” Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555 (2007)

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(quoting Conley v. Gibson, 355 U.S. 41, 47 (1957)). In this regard, in any amended complaint

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plaintiff elects to file, he should attempt to state briefly who the defendants are in this action,

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what constitutional rights he believes each defendant violated, and allege facts indicating why he

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believes defendants violated his rights.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff’s motion for a court order (Doc. No. 10) is denied; and

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2. Plaintiff is granted thirty days from the date of service of this order to file an

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amended complaint that complies with the requirements of the Civil Rights Act, the Federal

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Rules of Civil Procedure, and the Local Rules of Practice; the amended complaint must bear the

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docket number assigned to this case and must be labeled “Amended Complaint”; failure to file an

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amended complaint in accordance with this order will result in a recommendation that this action

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be dismissed without prejudice.

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DATED: October 5, 2011.

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DAD:9
brid2971.36amc

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