Andersen v. Montes et al

Filing 41

ORDER Granting Plaintiff's 39 Motion for Leave to File a Second Amended Complaint and Directing Clerk of Court to File Second Amended Complaint Lodged on July 25, 2018 signed by Magistrate Judge Stanley A. Boone on 10/12/2018. (Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ANDREW S. ANDERSEN,

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Plaintiff,

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v.
MARISELA MONTES, et al.,

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Defendants.

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Case No.: 1:16-cv-00236-DAD-SAB (PC)
ORDER GRANTING PLAINTIFF’S MOTION
FOR LEAVE TO FILE A SECOND AMENDED
COMPLAINT AND DIRECTING CLERK OF
COURT TO FILE SECOND AMENDED
COMPLAINT LODGED ON JULY 25, 2018
[ECF Nos. 39, 40]

Plaintiff Andrew S. Andersen is appearing pro se and in forma pauperis in this civil rights

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action pursuant to 42 U.S.C. § 1983.
On July 25, 2018, Plaintiff filed a motion for leave to file a second amended complaint, along

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with a copy of the proposed second amended complaint which was lodged by the Court. (ECF Nos.

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39, 40.)
Under Rule 15(a) of the Federal Rules of Civil Procedure, a party may amend the party’s

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pleading once as a matter of course at any time before a responsive pleading is served. Otherwise, a

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party may amend only by leave of the court or by written consent of the adverse party, and leave shall

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be freely given when justice so requires. Fed. R. Civ. P. 15(a). “Rule 15(a) is very liberal and leave to

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amend shall be freely given when justice so requires.” AmerisourceBergen Corp. v. Dialysist West,

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Inc., 465 F.3d 946, 951 (9th Cir. 2006) (citation and quotation omitted).

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Here, Plaintiff submits that he seeks to file a second amended complaint to correct

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typographical errors in the first amended complaint and to meet the applicable pleading standards.

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Although Plaintiff has previously amended his complaint, the Court has yet to screen his first amended

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complaint and therefore will grant Plaintiff’s request to file a second amended complaint in this action.

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Plaintiff is advised that there is a large volume of cases pending this district and Plaintiff’s second

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amended complaint will be screened in due course.

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Accordingly, it is HEREBY ORDERED that:

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Plaintiff’s motion for leave to file a second amended complaint is granted; and

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The Clerk of Court is directed to file Plaintiff’s second amended complaint, lodged on

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July 25, 2018 (ECF No. 40).

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IT IS SO ORDERED.

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Dated:

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October 12, 2018
UNITED STATES MAGISTRATE JUDGE

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