Crisp v. Wasco State Prison et al

Filing 31

ORDER Granting 25 Motion to Amend the Complaint; ORDER Directing Clerk to File Third Amended Complaint Lodged on November 21, 2014 signed by Magistrate Judge Gary S. Austin on 05/16/2015. (Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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OBIE CRISP,

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Plaintiff,

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vs.
WASCO STATE PRISON, et al.,

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Defendants.

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1:13-cv-00816-GSA-PC
ORDER GRANTING MOTION TO
AMEND
(Doc. 25.)
ORDER DIRECTING CLERK TO FILE
THIRD AMENDED COMPLAINT
LODGED ON NOVEMBER 21, 2014
(Doc. 26.)

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I.

BACKGROUND

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Obie Crisp (“Plaintiff") is a state prisoner proceeding pro se and in forma pauperis in

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this civil rights action pursuant to 42 U.S.C. ' 1983. Plaintiff filed the Complaint commencing

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this action on May 30, 2013. (Doc. 1.)

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On June 24, 2013, Plaintiff consented to Magistrate Judge jurisdiction in this action

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pursuant to 28 U.S.C. ' 636(c), and no other parties have made an appearance. (Doc. 5.)

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Therefore, pursuant to Appendix A(k)(4) of the Local Rules of the Eastern District of

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California, the undersigned shall conduct any and all proceedings in the case until such time as

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reassignment to a District Judge is required. Local Rule Appendix A(k)(3).
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On July 29, 2013, Plaintiff filed the First Amended Complaint. (Doc. 13.) The court

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screened the First Amended Complaint and issued an order on July 3, 2014, dismissing the

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First Amended Complaint for failure to state a claim, with leave to amend. (Doc. 23.) On July

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18, 2014, Plaintiff filed the Second Amended Complaint. (Doc. 24.)

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On November 21, 2014, Plaintiff filed a motion for leave to amend the complaint and

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lodged a proposed Third Amended Complaint. (Doc. 25.)

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II.

LEAVE TO AMEND – RULE 15(a)

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

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party=s pleading once as a matter of course at any time before a responsive pleading is served.

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Fed. R. Civ. P. 15(a). Otherwise, a party may amend only by leave of the court or by written

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consent of the adverse party, and leave shall be freely given when justice so requires. Id. Here,

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because Plaintiff has already amended the complaint more than once, Plaintiff requires leave of

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court to file a Third Amended Complaint.

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ARule 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., 445 F.3d 1132, 1136 (9th Cir.

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2006) (quoting Fed. R. Civ. P. 15(a)). However, courts Aneed not grant leave to amend where

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the amendment: (1) prejudices the opposing party; (2) is sought in bad faith; (3) produces an

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undue delay in the litigation; or (4) is futile.@ Id. The factor of A>[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, 713 (9th Cir. 2001) (quoting Bowles v. Reade, 198 F.3d 752, 757-58

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(9th Cir. 1999)).

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Plaintiff’s Motion

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Plaintiff requests leave to file a Third Amended Complaint to clarify his allegations and

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claims. Plaintiff asserts that he was recently diagnosed with a form of OCD (Obsessive

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Compulsive Disorder), which explains why his thoughts and writing were always jumbled.

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Now, Plaintiff seeks to file a complaint that is more clear and precise.

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Discussion

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The court finds no bad faith or futility in Plaintiff’s proposed amendment.

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proposed Third Amended Complaint arises from the same events documented in the Second

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Amended Complaint. Because the Second Amended Complaint awaits the court’s requisite

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screening and has not been served, there will be no undue delay or prejudice to Defendants in

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allowing Plaintiff to proceed with the Third Amended Complaint. Therefore, Plaintiff’s motion

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to amend shall be granted, and the Third Amended Complaint shall be filed.

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III.

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The

CONCLUSION
Based on the foregoing, IT IS HEREBY ORDERED that:

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1.

Plaintiff’s motion to amend, filed on November 21, 2014, is GRANTED; and

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2.

The Clerk is directed to file the proposed Third Amended Complaint which was

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lodged on November 21, 2014.

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IT IS SO ORDERED.
Dated:

May 16, 2015

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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