Hearns v. Gonzales, et al.

Filing 18

ORDER Denying 16 Motion to Amend the Complaint signed by Magistrate Judge Gary S. Austin on 02/12/2018. (Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JAMAR R. HEARNS,

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Plaintiff,

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1:17-cv-00038-GSA-PC
ORDER DENYING MOTION FOR LEAVE
TO AMEND
(ECF No. 16.)

vs.
ROSA GONZALES, et al.,

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Defendants.

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Jamar R. Hearns is a state prisoner proceeding pro se with this civil rights action

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pursuant to 42 U.S.C. §1983. Plaintiff filed the Complaint commencing this action on January

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11, 2017. (ECF No. 1.)

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On February 9, 2018, Plaintiff filed a motion for leave to amend the Complaint. (ECF

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No. 16.)

As Plaintiff acknowledges, the court already granted him leave to amend the

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Complaint on December 21, 2017. (ECF No. 13.) In fact, Plaintiff filed the First Amended

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Complaint on February 9, 2018. (ECF No. 17.) Therefore, Plaintiff’s motion for leave to

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amend is moot and shall be denied.

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In his motion, Plaintiff also requests leave to add a new defendant and claim in the First

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Amended Complaint. Plaintiff does not need permission to add a new defendant and claim in

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the First Amended Complaint. However, to the extent that Plaintiff is requesting permission to

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proceed with the new defendant and claim, this determination shall not be made until the court
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screens the First Amended Complaint and decides whether the claims in the First Amended

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Complaint are cognizable. Therefore, at this stage of the proceedings, Plaintiff’s request to

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proceed with the new claim and defendant shall be denied. Plaintiff is advised that the First

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Amended Complaint shall be screened in due course.

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Based on the foregoing, IT IS HEREBY ORDERED that Plaintiff’s motion for leave to
amend, filed on February 9, 2018, is DENIED.

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IT IS SO ORDERED.
Dated:

February 12, 2018

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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