Hearns v. Gonzales, et al.
Filing
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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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