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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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 DANIEL MANRIQUEZ, 10 Plaintiff, 11 v. 12 HUCHINS, et al., 13 14 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) 15 16 17 18 ORDER WITHDRAWING PLAINTIFF’S MOTION TO AMEND COMPLAINT, MOTION FOR REMOVAL OF EXHIBITS FROM COMPLAINT, MOTION TO SUPPLEMENT PARAGRAPH, AMENDED COMPLAINT AND SUPPLEMENTAL PARAGRAPH 19 / (ECF Nos. 66, 68, 69, 70) 20 21 Plaintiff Daniel Manriquez (“Plaintiff”) is a state prisoner proceeding pro se and in forma 22 pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action is proceeding on the 23 complaint, filed March 11, 2009, against Defendants J. Huchins, J. Reynoso, M. Hacker, R. 24 Roberson, C. Munoz, D. Daley, P. Perez, Paz, C. Morse, Omos, and Clausings for cruel and unusual 25 punishment in violation of the Eighth Amendment. On April 1, 2011, Plaintiff filed a motion for 26 leave to file an amended complaint, motion for leave to remove exhibits from the amended 27 complaint, and lodged a first amended complaint. (ECF Nos. 66, 68.) Plaintiff filed a motion to 28 supplement a paragraph of the proposed complaint and lodged a supplemental paragraph on April 1 1 25, 2011. (ECF No. 69, 70.) On September 6, 2011, Plaintiff filed a motion for leave to file an 2 amended complaint and request to withdraw his previously filed motion and amended complaint and 3 lodged a first amended complaint. (ECF Nos. 142, 143.) 4 5 Plaintiff’s motion to withdraw his motion for leave to amend the complaint and related documents shall be granted. 6 Plaintiff requests leave to file an amended complaint to correct the name of a defendant, 7 identify defendants, and add additional defendants and claims. Under Rule 15(a) of the Federal 8 Rules of Civil Procedure, a party may amend the party’s pleading once as a matter of course at any 9 time before a responsive pleading is served. Otherwise, a party may amend only by leave of the 10 court or by written consent of the adverse party, and leave shall be freely given when justice so 11 requires. Fed. R. Civ. P. 15(a). “Rule 15(a) is very liberal and leave to amend ‘shall be freely given 12 when justice so requires.’” Amerisource Bergen Corp. v. Dialysis West, Inc., 465 F.3d 946, 951 (9th 13 Cir. 2006) (quoting Fed. R. Civ. P. 15(a)). However, courts “need not grant leave to amend where 14 the amendment: (1) prejudices the opposing party; (2) is sought in bad faith; (3) produces an undue 15 delay in the litigation; or (4) is futile.” Id. The factor of “‘[u]ndue delay by itself . . . is insufficient 16 to justify denying a motion to amend.’” Owens v. Kaiser Foundation Health Plan, Inc., 244 F.3d 17 708, 712,13 (9th Cir. 2001) (quoting Bowles v. Reade, 198 F.3d 752, 757-58 (9th Cir. 1999)). 18 Plaintiff’s motion for leave to file a first amended complaint shall be granted. The Court is 19 required to screen complaints brought by prisoners seeking relief against a governmental entity or 20 officer or employee of a governmental entity. 28 U.S.C. § 1915A(a). The Court must dismiss a 21 complaint or portion thereof if the prisoner has raised claims that are legally “frivolous or 22 malicious,” that “fails to state a claim on which relief may be granted,” or that “seeks monetary relief 23 against a defendant who is immune from such relief.” 28 U.S.C. § 1915(e)(2)(B). A screening order 24 shall issue once the first amended complaint has been screened. 25 Accordingly, it is HEREBY ORDERED that: 26 1. Plaintiff’s motion for leave to file a first amended complaint, motion for leave for 27 removal of exhibits from complaint filed April 1, 2011, and first amended complaint 28 lodged April 1, 2011, are WITHDRAWN; 2 1 2. 2 3 paragraph lodged April 25, 2011, are WITHDRAWN; 3. 4 5 8 Plaintiff’s motion for leave to file a first amended complaint, filed September 6, 2011, is GRANTED; and 4. 6 7 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 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3

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