(PC) Manriquez v. Huchins et al

Filing 148

ORDER Granting Plaintiff's #143 Motion to File Amended Complaint and Withdraw Previously Filed Amended Complaint and Ordering Clerk's Office to File First Amended Complaint; ORDER Withdrawing Plaintiff's #66 #68 #69 Motion to Amend Complaint, Motion for Removal of Exhibits from Complaint, Motion to Supplement Paragraph, Amended Complaint and Supplemental Paragraph signed by Magistrate Judge Barbara A. McAuliffe on 10/19/2011. (Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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DANIEL MANRIQUEZ,

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Plaintiff,

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v.

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HUCHINS, et al.,

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CASE NO. 1:09-cv-00456-LJO-SMS PC

Defendants.

ORDER GRANTING PLAINTIFF’S MOTION
TO FILE AMENDED COMPLAINT AND
WITHDRAW PREVIOUSLY FILED AMENDED
COMPLAINT AND ORDERING CLERK’S
OFFICE TO FILE FIRST AMENDED
COMPLAINT
(ECF Nos. 142, 143)

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ORDER WITHDRAWING PLAINTIFF’S
MOTION TO AMEND COMPLAINT,
MOTION FOR REMOVAL OF EXHIBITS
FROM COMPLAINT, MOTION TO
SUPPLEMENT PARAGRAPH, AMENDED
COMPLAINT AND SUPPLEMENTAL
PARAGRAPH

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/ (ECF Nos. 66, 68, 69, 70)
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Plaintiff Daniel Manriquez (“Plaintiff”) is a state prisoner proceeding pro se and in forma

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pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action is proceeding on the

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complaint, filed March 11, 2009, against Defendants J. Huchins, J. Reynoso, M. Hacker, R.

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Roberson, C. Munoz, D. Daley, P. Perez, Paz, C. Morse, Omos, and Clausings for cruel and unusual

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punishment in violation of the Eighth Amendment. On April 1, 2011, Plaintiff filed a motion for

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leave to file an amended complaint, motion for leave to remove exhibits from the amended

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complaint, and lodged a first amended complaint. (ECF Nos. 66, 68.) Plaintiff filed a motion to

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supplement a paragraph of the proposed complaint and lodged a supplemental paragraph on April
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25, 2011. (ECF No. 69, 70.) On September 6, 2011, Plaintiff filed a motion for leave to file an

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amended complaint and request to withdraw his previously filed motion and amended complaint and

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lodged a first amended complaint. (ECF Nos. 142, 143.)

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Plaintiff’s motion to withdraw his motion for leave to amend the complaint and related
documents shall be granted.

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Plaintiff requests leave to file an amended complaint to correct the name of a defendant,

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identify defendants, and add additional defendants and claims. Under Rule 15(a) of the Federal

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Rules of Civil Procedure, a party may amend the party’s pleading once as a matter of course at any

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time before a responsive pleading is served. Otherwise, a party may amend only by leave of the

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court or by written consent of the adverse party, and leave shall be freely given when justice so

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requires. Fed. R. Civ. P. 15(a). “Rule 15(a) is very liberal and leave to amend ‘shall be freely given

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when justice so requires.’” Amerisource Bergen Corp. v. Dialysis West, Inc., 465 F.3d 946, 951 (9th

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Cir. 2006) (quoting Fed. R. Civ. P. 15(a)). However, courts “need not grant leave to amend where

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the amendment: (1) prejudices the opposing party; (2) is sought in bad faith; (3) produces an undue

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delay in the litigation; or (4) is futile.” Id. The factor of “‘[u]ndue delay by itself . . . is insufficient

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to justify denying a motion to amend.’” Owens v. Kaiser Foundation Health Plan, Inc., 244 F.3d

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708, 712,13 (9th Cir. 2001) (quoting Bowles v. Reade, 198 F.3d 752, 757-58 (9th Cir. 1999)).

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Plaintiff’s motion for leave to file a first amended complaint shall be granted. The Court is

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required to screen complaints brought by prisoners seeking relief against a governmental entity or

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officer or employee of a governmental entity. 28 U.S.C. § 1915A(a). The Court must dismiss a

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complaint or portion thereof if the prisoner has raised claims that are legally “frivolous or

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malicious,” that “fails to state a claim on which relief may be granted,” or that “seeks monetary relief

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against a defendant who is immune from such relief.” 28 U.S.C. § 1915(e)(2)(B). A screening order

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shall issue once the first amended complaint has been screened.

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Accordingly, it is HEREBY ORDERED that:

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1.

Plaintiff’s motion for leave to file a first amended complaint, motion for leave for

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removal of exhibits from complaint filed April 1, 2011, and first amended complaint

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lodged April 1, 2011, are WITHDRAWN;
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2.

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paragraph lodged April 25, 2011, are WITHDRAWN;
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Plaintiff’s motion for leave to file a first amended complaint, filed September 6,
2011, is GRANTED; and

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Plaintiff’s motion to supplement paragraph filed April 25, 2011, and supplemental

The Clerk’s Office shall file Plaintiff’s first amended complaint, lodged September
6, 2011.

IT IS SO ORDERED.
Dated:
cm411

October 19, 2011

/s/ Barbara A. McAuliffe
UNITED STATES MAGISTRATE JUDGE

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