Williams v. Alcala et al

Filing 34

ORDER DENYING Plaintiff's 33 Motion to Amend the Pleadings, signed by Magistrate Judge Stanley A. Boone on 2/28/18. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ROBERT C. WILLIAMS,

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Plaintiff,

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v.
GERARDO ALCALA, et al.,

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Defendants.

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ORDER DENYING PLAINTIFF’S MOTION TO
AMEND THE PLEADINGS
[ECF No. 33]

pursuant to 42 U.S.C. § 1983.
Currently before the Court is Plaintiff’s motion to amend the complaint, filed February 26,

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Case No. 1:17-cv-00916-DAD-SAB (PC)

Plaintiff Robert C. Williams is appearing pro se and in forma pauperis in this civil rights action

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2018.

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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 twenty-one days after serving, or if a response was filed, within

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twenty-one days after service of the response. Fed. R. Civ. P. 15(a)(1). Otherwise, a party may

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amend only by leave of the court or by written consent of the adverse party. Fed. R. Civ. P. 15(a)(2).

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Rule 15(a) is very liberal and leave to amend ‘shall be freely given when justice so requires.’”

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AmerisourceBergen Corp. v. Dialysis West, Inc., 465 F.3d 946, 951 (9th Cir. 2006) (quoting Fed. R.

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Civ. P. 15(a)). “This policy is to be applied with extreme liberality.” C.F. v. Capistrano Unified Sch.

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Dist., 654 F.3d 975, 985 (9th Cir. 2011). “This liberality in granting leave to amend is not dependent
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on whether the amendment will add causes of action or parties.” DCD Programs, Ltd. v. Leighton,

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833 F.2d 183, 186 (9th Cir. 1987). However, courts “need not grant leave to amend where the

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amendment: (1) prejudices the opposing party; (2) is sought in bad faith; (3) produces an undue delay

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in the litigation; or (4) is futile.” AmerisourceBergen Corp., 465 F.3d at 951.
In this instance, Defendants filed an answer on December 15, 2017. Plaintiff did not file a first

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amended complaint within twenty-one days of Defendants’ answer.

Therefore, Plaintiff requires

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leave of court to file an amended complaint. Although the scheduling order set a deadline for

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amendment as June 21, 2018, this did not grant Plaintiff automatic leave to file an amended complaint.

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Accordingly, Plaintiff’s motion to amend the pleadings is denied without prejudice.

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IT IS SO ORDERED.

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Dated:

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February 28, 2018
UNITED STATES MAGISTRATE JUDGE

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