Grimes v. Biter, et al.

Filing 15

ORDER signed by Magistrate Judge Dennis L. Beck on 2/14/14. Plaintiff Shall File an Amended Complaint Within Thirty (30) Days. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JOSEPH GRIMES,

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Plaintiff,

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vs.
BITER, et al.,

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Defendants.

) 1:13cv00393 DLB PC
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) ORDER
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) (Document 14)
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Plaintiff Joseph Grimes (“Plaintiff”), a state prisoner proceeding pro se and in forma

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pauperis, filed this civil rights action on March 18, 2013.1 Pursuant to Court order, Plaintiff filed

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his First Amended Complaint on December 2, 2013. The First Amended Complaint is currently

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awaiting screening.

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On February 7, 2014, Plaintiff filed a Motion for Leave to File a Second Amended
Complaint. He states that he has been transferred and has had difficulty getting access to the law

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

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requires.’” AmerisourceBergen Corp. v. Dialysis West, Inc., 465 F.3d 946, 951 (9th Cir. 2006)
(quoting Fed. R. Civ. P. 15(a)). However, courts “need not grant leave to amend where the
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Plaintiff consented to the jurisdiction of the United States Magistrate Judge on June 3, 2013.
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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

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insufficient to justify denying a motion to amend.’” Owens v. Kaiser Foundation Health Plan,

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Inc., 244 F.3d 708, 712-13 (9th Cir. 2001) (quoting Bowles v. Reade, 198 F.3d 752, 757-58 (9th

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Cir. 1999)).
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At this stage of the proceedings, Plaintiff may amend his complaint and his GRANTED.

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Plaintiff SHALL file an amended complaint within thirty (30) days of the date of service of this
order.

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IT IS SO ORDERED.
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Dated:

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/s/ Dennis

February 14, 2014

L. Beck

UNITED STATES MAGISTRATE JUDGE
DEAC_Signature-END:

3b142a

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