Ismael v. Bell et al

Filing 27

ORDER: Plaintiff's Response (#24) to defendants' motion requests that he be allowed to file a third amended complaint. Plaintiff's request is allowed. Plaintiff is allowed 30 days from the date of this order to file a third am ended complaint. No further amendments will be allowed. Defendants' Partial Motion to Dismiss (#16) is denied without prejudice to request reconsideration after plaintiff has filed an amended pleading. Signed on 12/29/2016 by Judge Michael J. McShane. (copy mailed to plaintiff) (kms)

UNITED STATES DISTRICT COURT
DISTRICT OF OREGON

PRINCE MIGUEL ISMAEL,
Plaintiff,

v.

2:16-cv-00683-MC
ORDER

JASON BELL, et al.,
Defendants.
Mcshane, District Judge.
Plaintiff's allegations against defendants Bell and Jones
fail to state a claim for the reasons set forth in defendants
Motion to Dismiss (#16) .

It is well settled that respondeat

superior is not a proper basis for liability under

§

1983.

Plaintiff's Amended complaint does not allege any facts that
would subject to either defendant Bell or Jones to liability
for the alleged actions of John W. Kile - who has yet to be
served or waive service and is not properly before the court

1 - ORDER

i

I

at this stage of the proceedings. 1
However, plaintiff's Response (#24) to defendants' motion
requests that he be allowed to file a third amended complaint.
Plaintiff's request is allowed.

Plaintiff is allowed 30 days

from the date of this order to file a third amended complaint.
No further amendments will be allowed.
Defendants'

Partial Motion to Dismiss

(#16)

is denied

without prejudice to request reconsideration after plaintiff
has filed an amended pleading.

IT IS SO ORDERED.

___

DATED this Z~ day of December, 2016.
\.._
Michael J. Mcshane
United States District Judge

1

The court will not request waiver of service on Mr. Kile
unless and until plaintiff files an amended complaint that
sufficiently alleges a basis for liability against him request
waiver of service until
2 - ORDER