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JOHNNI LEON, Plaintiff, v. PETER D. ELIADES, Defendant.

MEMORANDUM OPINION

RICHARD WILLIAMS, Senior District Judge

Plaintiff, a federal inmate, filed this Bivens action. By Memorandum Opinion and Order entered on November 5, 2007, the Court dismissed the action because Plaintiff had failed to state a claim upon which relief could be granted. Specifically, the Court concluded that Defendant, Plaintiff's court appointed attorney, was not a federal official for purposes of a Bivens action. See Cox v. Hellerstein, 685 F.2d 1098, 1099 (9th Cir. 1982); Bagguley v. Cogburn, Nos. 89-7102, 89-7103, 1990 WL 139323, at *1 (4th Cir. Sept. 26, 1990). On December 4, 2007, Plaintiff filed a notice of appeal and a motion to amend his complaint. Plaintiff fails to specify how he could amend his complaint to state a proper cause of action. Accordingly, Plaintiff's motion to amend will be DENIED.

Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388 (1971).

An appropriate Order shall issue.

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LEON v. ELIADES
(Jan 3, 2008)