Ryan James Johnson v. K. Graves

Filing 10

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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2.

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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