Williams v. Alcala et al

Filing 37

ORDER Overruling 36 Objection to Magistrate Judge's Non Dispositive Order, signed by District Judge Dale A. Drozd on 3/24/18. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ROBERT C. WILLIAMS,

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No. 1:17-cv-00916-DAD-SAB

Plaintiff,
v.
GERARDO ALCALA, et al.,
Defendants.

ORDER OVERRULING OBJECTION TO
MAGISTRATE JUDGE’S NONDISPOSITIVE
ORDER
(Doc. No. 36.)

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Plaintiff Robert C. Williams 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 February 28, 2018, the assigned magistrate judge denied

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plaintiff’s motion for leave to amend the complaint. (Doc. No. 33.) On March 19, 2018, plaintiff

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filed an objection to the order denying leave to amend the complaint, which the court construes as

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an objection under Rule 72(a) of the Federal Rules of Civil Procedure. (Doc. No. 36.)

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Plaintiff initiated this action on July 5, 2017. (Doc. No. 1.) On December 1, 2017, the

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assigned magistrate judge screened plaintiff’s complaint and issued findings and

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recommendations recommending that this action proceed against defendants Alcala and Garza for

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excessive use of force and that plaintiff’s state law claims and claim for declaratory relief be

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dismissed for failure to state a cognizable claim for relief. (Doc. No. 17.) Thereafter, defendants

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filed an answer to the complaint on December 15, 2017. (Doc. No. 20.) On December 21, 2017,
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the magistrate judge issued the discovery and scheduling order setting June 21, 2018, as the

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deadline for any amendment of the pleadings. (Doc. No. 21.) On January 8, 2018, the

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undersigned issued an order adopting the assigned magistrate judge’s findings and

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recommendations recommending that this action proceed against defendants Alcala and Garza for

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excessive use of force and that plaintiff’s state law claims and claim for declaratory relief be

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dismissed for failure to state a cognizable claim for relief. (Doc. No. 24.) Accordingly, the

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action now proceeds for monetary damages on plaintiff’s claim of excessive use of force in

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violation of the Eighth Amendment against defendants Alcala and Garza. (Id. at 3.) On February

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26, 2018, plaintiff filed a one page motion for leave to amend his pleadings. (Doc. No. 33.)

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Plaintiff did not attach a proposed amended complaint to his motion, nor did he indicate in his

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motion in what way he wished to amend his complaint or address the good cause for doing so.

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(Id.) Accordingly, on February 28, 2018, the assigned magistrate judge denied plaintiff’s motion

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to amend without prejudice. (Doc. No. 34.)

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Under Federal Rule of Civil Procedure 72(a), a district judge reviews timely objections to

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orders on nondispositive matters by a magistrate judge to determine whether any part of the order

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is “clearly erroneous or … contrary to law.” Fed. R. Civ. P. 72(a); Grimes v. City & Cty. of San

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Francisco, 951 F.2d 236, 240 (9th Cir. 1991) (“The district court shall defer to the magistrate’s

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orders unless they are clearly erroneous or contrary to law”). “That standard is highly deferential,

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and does not allow the court to ‘simply substitute its judgment’ for that of the magistrate judge.”

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Blight v. City of Manteca, 266 F. Supp. 3d 1234, 1235 (E.D. Cal. 2017), on reh’g, No. 2:15-CV-

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2513 WBS AC, 2017 WL 2671018 (E.D. Cal. June 21, 2017) (internal citations omitted).

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In his objection to the order denying his one page motion to amend, plaintiff cites Federal

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Rules of Civil Procedure 15 and 16, arguing that the standards governing leave to amend

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pleadings are liberal and should be permitted in this situation. (Doc. No. 36 at 2.) However, in

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both his motion to amend (Doc. No. 33) and his objections to the magistrate judge’s order (Doc.

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No. 36), plaintiff fails to explain in what way he wishes to amend his complaint and why he

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should now be granted leave to do so. Though “Rule 15(a) declares that leave to amend shall be

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freely given when justice so requires,” Foman v. Davis, 371 U.S. 178, 182 (1962), the court
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cannot determine that leave to amend is appropriate if plaintiff does not provide any basis for his

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motion seeking leave to amend. Without an explanation for why plaintiff seeks leave to amend,

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the court cannot determine if “the amendment: (1) prejudices the opposing party; (2) is sought in

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bad faith; (3) produces an undue delay in litigation; or (4) is futile.” AmerisourceBergen Corp. v.

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Dialysist W., Inc., 465 F.3d 946, 951 (9th Cir. 2006). Therefore, if plaintiff wishes to seek further

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leave to amend, he must provide a basis for such amendment and submit a proposed amended

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complaint for review with his motion. Fed. R. Civ. P. 15(a); Local Rule 137(c).

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Accordingly, plaintiff’s motion for objection/reconsideration (Doc. No. 36) to the
magistrate judge’s February 28, 2018 order is denied.
IT IS SO ORDERED.
Dated:

March 24, 2018
UNITED STATES DISTRICT JUDGE

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