Mata

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MICHAEL JOHNSON, No. 2:22-cv-0613 DAD KJN P Plaintiff, v. ORDER LT. J. MATA, et al., Defendants. 16 Plaintiff, a federal inmate formerly housed at the Federal Correctional Institution in Herlong, California (“FCI Herlong”), filed this pro se civil rights action pursuant to Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388 (1971). On April 10, 2023, the district court granted defendants’ motion to dismiss plaintiff’s first amended complaint without leave to amend as to the Fifth Amendment claim, and with leave to amend as to the Eighth Amendment claim. (ECF No. 61.) On April 12, 2023, the district court appointed counsel to represent plaintiff for the limited purpose of determining whether or not the filing of an amended complaint is appropriate. (ECF No. 62.) On August 24, 2023, plaintiff’s counsel filed a notice that filing an amended complaint would not be appropriate, she will not…