LEON v. ELIADES

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.

An appropriate Order shall issue.