Anderson v. Kimbrell, et al.

Filing 26

ORDER granting 20 Motion to Amend the Complaint and directing Clerk of Court to file 21 Lodged Second Amended Complaint signed by Magistrate Judge Dennis L. Beck on 8/25/2014. (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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DION ANDERSON,

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Case No. 1:13-cv-00378 AWI DLB PC
ORDER GRANTING PETITIONER’S
MOTION TO FILE SECOND AMENDED
COMPLAINT
[ECF No. 20]

Plaintiff,
v.
M. KIMBRELL, et al.,

ORDER DIRECTING CLERK OF COURT
TO FILE LODGED SECOND AMENDED
COMPLAINT
[ECF No. 21]

Defendants.

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Plaintiff Dion Anderson (“Plaintiff”) is a California state prisoner proceeding pro se and

19 in forma pauperis in this civil action pursuant to 42 U.S.C. § 1983.
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Plaintiff filed his initial complaint on March 15, 2013.

The Court dismissed the

21 complaint on October 18, 2013, and granted Plaintiff leave to file a First Amended Complaint.
22 On February 6, 2014, Plaintiff filed his First Amended Complaint. On March 24, 2014, he filed
23 a motion to file a Second Amended Complaint and lodged the proposed Second Amended
24 Complaint on the same date.
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“Rule 15(a) is very liberal and leave to amend ‘shall be freely given when justice so

26 requires.’” Amerisource Bergen Corp. v. Dialysis West, Inc., 465 F.3d 946, 951 (9th Cir. 2006)
27 (quoting Fed. R. Civ. P. 15(a)). However, courts “need not grant leave to amend where the
28 amendment: (1) prejudices the opposing party; (2) is sought in bad faith; (3) produces an undue

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1 delay in the litigation; or (4) is futile.”

Id.

Here, Defendants have not yet been served.

2 Therefore, Defendants will not be prejudiced by the filing of a Second Amended Complaint.
3 The Court will grant Petitioner’s motion.
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Accordingly, IT IS HEREBY ORDERED:

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1) Plaintiff’s motion to file a Second Amended Complaint is GRANTED; and

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2) The Clerk of Court is DIRECTED to file the lodged Second Amended Complaint.

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IT IS SO ORDERED.
Dated:

/s/ Dennis

August 25, 2014

L. Beck

UNITED STATES MAGISTRATE JUDGE

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