Maggay

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

RODERICK MAGGAY,

Case No. 21-04994 BLF (PR) Plaintiff, ORDER OF DISMISSAL WITH

LEAVE TO AMEND

v.

14 OFFICER MICKE, et al.,

15 Defendants.

17 Plaintiff, who is currently confined at the Santa Rita County Jail (“Jail”), filed the instant pro se civil rights action against several officers at the Jail. Dkt. No. 1. Plaintiff’s motion for leave to proceed in forma pauperis will be addressed in a separate order. Plaintiff indicates that the instant action is being brought under 28 U.S.C. § 1331, Bivens v. Six Unknown Federal Narcotics Agents, 403 U.S. 388 (1971). Dkt. No. 1 at 1. However, Bivens is clearly not the appropriate grounds for this action which involves state actors, not federal employees or their agents. Bivens, 403 U.S. at 392-97. Accordingly, the Court will construe this action as being brought under 28 U.S.C. § 1983, which provides for a cause of action against state actors. /// …