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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JAMAR R. HEARNS, 12 Plaintiff, 13 14 1:17-cv-00038-GSA-PC ORDER DENYING MOTION FOR LEAVE TO AMEND (ECF No. 16.) vs. ROSA GONZALES, et al., 15 Defendants. 16 17 Jamar R. Hearns is a state prisoner proceeding pro se with this civil rights action 18 pursuant to 42 U.S.C. §1983. Plaintiff filed the Complaint commencing this action on January 19 11, 2017. (ECF No. 1.) 20 On February 9, 2018, Plaintiff filed a motion for leave to amend the Complaint. (ECF 21 No. 16.) As Plaintiff acknowledges, the court already granted him leave to amend the 22 Complaint on December 21, 2017. (ECF No. 13.) In fact, Plaintiff filed the First Amended 23 Complaint on February 9, 2018. (ECF No. 17.) Therefore, Plaintiff’s motion for leave to 24 amend is moot and shall be denied. 25 In his motion, Plaintiff also requests leave to add a new defendant and claim in the First 26 Amended Complaint. Plaintiff does not need permission to add a new defendant and claim in 27 the First Amended Complaint. However, to the extent that Plaintiff is requesting permission to 28 proceed with the new defendant and claim, this determination shall not be made until the court 1 1 screens the First Amended Complaint and decides whether the claims in the First Amended 2 Complaint are cognizable. Therefore, at this stage of the proceedings, Plaintiff’s request to 3 proceed with the new claim and defendant shall be denied. Plaintiff is advised that the First 4 Amended Complaint shall be screened in due course. 5 6 Based on the foregoing, IT IS HEREBY ORDERED that Plaintiff’s motion for leave to amend, filed on February 9, 2018, is DENIED. 7 8 9 10 IT IS SO ORDERED. Dated: February 12, 2018 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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