Ryan James Johnson v. K. Graves
Filing
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ORDER GRANTING 8 Motion to Amend the Complaint and ORDERED to add Defendant C. Villanueva to docket, signed by Magistrate Judge Stanley A. Boone on 10/3/2017. (Martin-Gill, S)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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RYAN JAMES JOHNSON,
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Plaintiff,
v.
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K. GRAVES, et al.,
Defendants.
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Case No.: 1:17-cv-01159-SAB (PC)
ORDER GRANTING PLAINTIFF’S
MOTION FOR LEAVE TO AMEND
COMPLAINT
(ECF No. 8)
Plaintiff Ryan James Johnson is a state prisoner proceeding pro se and in forma pauperis
in this civil rights action pursuant to 42 U.S.C. § 1983.
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Currently before the Court is Plaintiff’s motion for leave to amend compliant, filed on
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October 2, 2017. (ECF No. 8.) Plaintiff seeks leave to amend so that he may substitute the name
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“C. Villanueva” for the previously-identified fictitious defendant, Jane Doe. Plaintiff has filed a
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proposed amended complaint. (ECF No. 9.)
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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,
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within twenty-one days after service of the response. Fed. R. Civ. P. 15(a)(1). Otherwise, a
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party may amend only by leave of the court or by written consent of the adverse party, and leave
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shall be freely given when justice so requires. Fed. R. Civ. P. 15(a)(2). Rule 15(a) is very liberal
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and leave to amend ‘shall be freely given when justice so requires.’” AmerisourceBergen Corp.
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v. Dialysis West, Inc., 465 F.3d 946, 951 (9th Cir. 2006) (quoting Fed. R. Civ. P. 15(a)).
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However, courts “need not grant leave to amend where the amendment: (1) prejudices the
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opposing party; (2) is sought in bad faith; (3) produces an undue delay in the litigation; or (4) is
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futile.” AmerisourceBergen Corp., 465 F.3d at 951.
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Here, the original complaint has not yet been screened or served, and Plaintiff seeks leave
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to amend only to add the name of a previously-identified Doe defendant. Plaintiff is entitled to
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amend his complaint under these circumstances as a matter of course. Plaintiff’s amended
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complaint will be screened in due course.
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For the foregoing reasons, it is HEREBY ORDERED that:
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1.
Plaintiff’s motion for leave to file an amended complaint is granted; and
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The Clerk of the Court shall update the docket to reflect the addition of Defendant
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C. Villanueva.
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IT IS SO ORDERED.
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Dated:
October 3, 2017
UNITED STATES MAGISTRATE JUDGE
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