Graves v. United States Marshall Office et al

Filing 9

ORDER signed by Senior Judge William B. Shubb on 2/24/17 ORDERING that plaintiff's complaint is dismissed without prejudice; and plaintiff is given 20 days from the date of this order to file an amended complaint if he can do so consistent with this order. (Becknal, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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PETER GRAVES,

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No. 2:15-cv-1135-WBS-EFB PS

Plaintiff,
v.

ORDER

UNITED STATES MARSHALL OFFICE,
et al.,
Defendants.

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On January 31, 2017, the magistrate judge filed findings and recommendations herein,

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recommending that plaintiff’s complaint be dismissed without leave to amend. While the

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magistrate judge correctly noted that there is no allegation that any of the defendants were acting

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under color of state law for purposes of 42 U.S.C. § 1983, the court cannot conclude that plaintiff

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would be unable to state a claim against defendants, as federal officers, under Bivens v. Six

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Unknown Named Agents, 403 U.S. 388 (1971). The court will therefore adopt the magistrate

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judge’s recommendation to dismiss the complaint, but will afford plaintiff leave to amend to state

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a claim under Bivens.

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Accordingly, IT IS HEREBY ORDERED that plaintiff’s complaint is dismissed without

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prejudice; and plaintiff is given 20 days from the date of this order to file an amended complaint
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if he can do so consistent with this order.

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Dated: February 24, 2017
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