Bradley v. Villa et al

Filing 15

ORDER signed by Magistrate Judge Gary S. Austin on 12/8/2011 directing Clerk to file 13 Lodged Second Amended Complaint. (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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WILLIAM BRADLEY,

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Plaintiff,
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v.
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J. VILLA, et al.,
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Defendants.
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____________________________________)

1:10-cv-01618-LJO-GSA-PC
ORDER DIRECTING CLERK TO FILE
SECOND AMENDED COMPLAINT
WHICH WAS LODGED ON
DECEMBER 27, 2010
(Doc. 13.)

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William Bradley ("Plaintiff") is a state prisoner proceeding pro se and in forma pauperis in this

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civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff filed this action on September 8, 2010. (Doc.

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1.) On December 1, 2010, Plaintiff filed the First Amended Complaint. (Doc. 12.) On December 27,

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2010, Plaintiff lodged a Second Amended Complaint.1 (Doc. 13) The issue here is whether Plaintiff

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may file a Second Amended Complaint at this stage of the proceedings.

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Under Rule 15(a) of the Federal Rules of Civil Procedure, a party may amend the party’s

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pleading once as a matter of course at any time before a responsive pleading is served. Fed. R. Civ. P.

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15(a). Otherwise, a party may amend only by leave of the court or by written consent of the adverse

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party, and leave shall be freely given when justice so requires. Id. Here, because Plaintiff has already

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amended the complaint once, Plaintiff requires leave of court to file a Second Amended Complaint.

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“Rule 15(a) is very liberal and leave to amend ‘shall be freely given when justice so requires.’”

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AmerisourceBergen Corp. v. Dialysis West, Inc., 445 F.3d 1132, 1136 (9th Cir. 2006) (quoting Fed. R.

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Civ. P. 15(a)). However, courts “need not grant leave to amend where the amendment: (1) prejudices

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Although Plaintiff has entitled the lodged amended complaint “First Amended Complaint,” this is Plaintiff’s
proposed Second Amended Complaint for this action.

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the opposing party; (2) is sought in bad faith; (3) produces an undue delay in the litigation; or (4) is

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futile.” Id. The factor of “‘[u]ndue delay by itself . . . is insufficient to justify denying a motion to

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amend.’” Owens v. Kaiser Foundation Health Plan, Inc., 244 F.3d 708, 712,13 (9th Cir. 2001) (quoting

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Bowles v. Reade, 198 F.3d 752, 757-58 (9th Cir. 1999)).

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Plaintiff submitted the proposed Second Amended Complaint less than one month after he filed

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the First Amended Complaint. The Court has made a cursory review of the Second Amended Complaint

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and finds no gross irregularities. The Court now has before it, for screening, the First Amended

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Complaint and the lodged Second Amended Complaint.2 Because the Court has not screened the First

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Amended Complaint or thoroughly reviewed the Second Amended Complaint, and as the Plaintiff seeks

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to amend the First Amended Complaint, the Court finds good cause to allow Plaintiff to proceed with

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the Second Amended Complaint. The Court finds no evidence that Plaintiff seeks to amend in bad faith,

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or that allowing the amendment prejudices the defendants, produces an undue delay in the litigation, or

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is futile. Therefore, the Court shall allow Plaintiff to file a Second Amended Complaint at this stage of

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the proceedings, and the Second Amended Complaint shall supercede the First Amended Complaint.

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See Loux v. Rhay, 375 F.2d 55, 57 (9th Cir. 1967).

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Accordingly, based on the foregoing, it is HEREBY ORDERED that:

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Plaintiff is granted leave to file a Second Amended Complaint;

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2.

The Clerk is DIRECTED to file the Second Amended Complaint which was lodged by

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Plaintiff on December 27, 2010; and

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3.

The Court shall screen the Second Amended Complaint in due time.

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IT IS SO ORDERED.

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Dated:
6i0kij

December 8, 2011

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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The Court is required to screen complaints brought by prisoners, such as Plaintiff, seeking relief against a
governmental entity or officer or employee of a governmental entity. 28 U.S.C. § 1915A(a).

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