Gomez v. Swaim

Filing 22

ORDER GRANTING Plaintiff's Motion to Amend Complaint 18 , signed by Magistrate Judge Dennis L. Beck on 11/18/12. (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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FRED GOMEZ,

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Plaintiff,

Case No. 1:11-cv-01436-AWI-DLB PC
ORDER GRANTING PLAINTIFF’S
MOTION TO AMEND COMPLAINT

v.
ECF No. 18

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SERGEANT SWAIM, et al.,
Defendants.

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Plaintiff Fred Gomez is a California state prisoner proceeding pro se and in forma pauperis,

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filed this civil action pursuant to 42 U.S.C. § 1983 on August 26, 2011. On May 29, 2012, the Court

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directed service of the complaint by the United States Marshal on Defendant Swaim. Plaintiff also

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stated a cognizable claim against Doe Defendants 1 through 10. However, the Doe Defendants were

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not served with process because the United States Marshal cannot effect service on unknown

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persons. On September 19, 2012, Plaintiff filed a motion to amend his complaint. Plaintiff moves to

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amend his complaint to include the identities of three Doe Defendants, Lieutenant G. Becerra,

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Captain Daviega, and Warden M. Junious. ECF No. 18. Plaintiff’s proposed amended complaint is

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lodged with the Court. ECF No. 19.

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A party may amend its pleadings with the Court’s leave, and leave should be given “when
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justice so requires.” Fed. R. Civ. P. 15(a)(2). The Court finds leave should be granted. Plaintiff’s

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amended complaint will be screened pursuant to 28 U.S.C. § 1915A(a) and § 1915(e)(2)(B) prior to

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an order directing the United Marshal to effect service or requiring Defendant Swaim to file an

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amended answer. Accordingly, it is HEREBY ORDERED that Plaintiff’s motion to amend his

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complaint, filed September 19, 2012, is granted and the Clerk of the Court is directed to file

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Plaintiff’s amended complaint.

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IT IS SO ORDERED.
Dated:

/s/ Dennis

November 8, 2012

L. Beck

UNITED STATES MAGISTRATE JUDGE

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DEAC_Signature-END:

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3b142a

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