Utley v. Acevedo et al

Filing 29

ORDER Granting 23 Motion to Amend the Complaint signed by Magistrate Judge Stanley A. Boone on 05/13/2016. (Flores, E)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

VANCE UTLEY,
Plaintiff,

12
13

Case No. 1:15-cv-01086-DAD-SAB
ORDER GRANTING MOTION TO AMEND
THE COMPLAINT

v.
(ECF No. 23)

14
15

C.O. ACEVEDO, et al.,
Defendants.

16
17

On April 13, 2016, Plaintiff filed a motion for leave to file an amended complaint to

18 substitute the “C.O. DOE, correctional officer” defendant with Correctional Officer Lopez.
19 (ECF No. 23.) On April 22, 2016, Defendants filed a statement of non-opposition to Plaintiff‟s
20 motion for leave to amend the complaint. (ECF No. 27.) On May 12, 2016, District Judge Dale
21 A. Drozd vacated the hearing set for May 17, 2016, and referred the motion for leave to file an
22 amended complaint to the undersigned pursuant to 28 U.S.C. § 636(b)(1) and Local Rule 302.
23 (ECF No. 28.) The Court, having reviewed the record, finds this matter suitable for decision
24 without oral argument. See Local Rule 230(g).
25

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

26 pleading once as a matter of course at any time before a responsive pleading is served.
27 Otherwise, a party may amend only by leave of the court or by written consent of the adverse
28 party, and leave shall be freely given when justice so requires. Fed. R. Civ. P. 15(a). Rule 15(a)

1

1 is very liberal and leave to amend „shall be freely given when justice so requires.‟” Amerisource
2 Bergen Corp. v. Dialysis West, Inc., 465 F.3d 946, 951 (9th Cir. 2006) (quoting Fed. R. Civ. P.
3 15(a)).
Plaintiff indicated in his motion to amend that he anticipated Defendants filing a

4

5 statement of non-opposition. Since the motion is unopposed, it is unclear to the Court why the
6 parties did not stipulate to the amendment to avoid setting a contested motion hearing. However,
7 as Plaintiff‟s motion is unopposed, the Court shall grant the motion for leave to file an amended
8 complaint.
Accordingly, IT IS HEREBY ORDERED that:

9
10

1.

Plaintiff‟s unopposed motion to file an amended complaint is GRANTED; and

11

2.

Plaintiff shall file his first amended complaint within ten (10) days of the date
entry of this order.

12
13
14

IT IS SO ORDERED.

15 Dated:

May 13, 2016
UNITED STATES MAGISTRATE JUDGE

16
17
18
19
20
21
22
23
24
25
26
27
28

2