Ronald Young v. Sisodia et al

Filing 18

ORDER signed by Magistrate Judge Erica P. Grosjean on 10/21/2016 vacating 15 FINDINGS AND RECOMMENDATIONS; granting leave to file Second Amended Complaint and directing Clerk to file lodged 17 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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RONALD YOUNG,

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Plaintiff,
v.
C. SISODIA, et al.,
Defendants.

1:15-cv-00640-LJO-EPG (PC)
ORDER VACATING FINDINGS AND
RECOMMENDATIONS,
RECOMMENDING THAT THIS CASE BE
DISMISSED, WITH PREJUDICE, FOR
PLAINTIFF’S FAILURE TO STATE A
CLAIM UPON WHICH RELIEF MAY BE
GRANTED
(ECF NO. 15)

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Ronald Young (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis

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

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commencing this action on April 27, 2015. (ECF No. 1). The Court screened Plaintiff’s

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Complaint on June 24, 2016, finding that it failed to state any claims against any of the

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Defendants upon which relief could be granted under section 1983, and giving Plaintiff leave to

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amend. (ECF No. 13). Plaintiff filed his First Amended Complaint on July 21, 2016. (ECF

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No. 14). On September 15, 2016, the Court screened Plaintiff’s First Amended Complaint,

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finding that it failed to state any claims against any of the Defendants upon which relief could

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granted, and recommended dismissal of the action, with prejudice. (ECF No. 15). On October

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14, 2016, Plaintiff filed objections to the findings and recommendations (ECF No. 16), and

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lodged his Second Amended Complaint (ECF No. 17).
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Plaintiff’s objection asks the Court for leave to amend so that he can file his Second

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Amended Complaint. Under Rule 15(a)(2) of the Federal Rules of Civil Procedure, “[t]he court

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should freely give leave [to amend] when justice so requires.” “In exercising this discretion, a

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court must be guided by the underlying purpose of Rule 15 to facilitate decision on the merits,

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rather than on the pleadings or technicalities.” United States v. Webb, 655 F.2d 977, 979 (9th

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Cir. 1981).

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Given the underlying purpose of Rule 15, the Court will vacate its order recommending

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dismissal with prejudice, and grant Plaintiff leave to amend so that he can file his Second

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Amended Complaint (which has already been lodged with the Court).

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Accordingly, IT IS ORDERED that:

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1. The Findings and Recommendations, Recommending That This Case be

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Dismissed, With Prejudice, for Plaintiff’s Failure to State a Claim Upon Which

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Relief may be Granted (ECF No. 15) are VACATED;

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2. Plaintiff is granted leave to file his Second Amended Complaint; and

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3. The Clerk of Court is directed to file the lodged Second Amended Complaint

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(ECF No. 17).

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IT IS SO ORDERED.
Dated:

October 21, 2016

/s/
UNITED STATES MAGISTRATE JUDGE

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