(PC) Hammler v. Clark et al

Filing 67

ORDER DENYING Plaintiff's Motion to Amend, without prejudice 66 signed by Magistrate Judge Stanley A. Boone on 1/9/2020. (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ALLEN HAMMLER,

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Plaintiff,
v.
CLARK, et.al.,

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Defendants.

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Case No.: 1:19-cv-00373-AWI-SAB (PC)
ORDER DENYING PLAINTIFF’S MOTION
TO AMEND, WITHOUT PREJUDICE
[ECF No. 66]

Plaintiff Allen Hammler is appearing pro se and in forma pauperis in this civil rights action
pursuant to 42 U.S.C. § 1983.
Currently before the Court is Plaintiff’s motion to amend, filed January 8, 2020. The Court

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finds the motion suitable for review without an opposition. Plaintiff contends that he wishes to amend

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the complaint, but cannot do so without a copy of his initial complaint which he was not able to retain.

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(ECF No. 66.). However, Plaintiff fails to indicate why he wishes to amend for the Court to determine

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whether amendment is proper.

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Rule 15(a)(1) provides that a party may amend a pleading once as a matter of course within

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either twenty-one days of serving it or twenty-one days of a responsive pleading being served. Fed. R.

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Civ. P. 15(a)(1). Otherwise, the party may amend only upon leave of the court. Fed. R. Civ. P.

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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)). However, courts “need not grant leave to amend where the amendment: (1) prejudices

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the 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. Relevant to the futility factor, a plaintiff may not

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bring unrelated claims against unrelated parties in a single action. Fed. R. Civ. P. 18(a), 20(a)(2); Owens

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v. Hinsley, 635 F.3d 950, 952 (7th Cir. 2011); George v. Smith, 507 F.3d 605, 607 (7th Cir. 2007). The

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burden to demonstrate prejudice falls upon the party opposing the amendment. DCD Programs, Ltd. v.

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Leighton, 833 F.2d 183, 187 (9th Cir. 1987). Absent prejudice, or a strong showing of any of the

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remaining three factors, a presumption exists under Rule 15(a) in favor of granting leave to amend.

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Eminence Capital, LLC v. Aspeon, Inc., 316 F.3d 1048, 1052 (9th Cir. 2003). Further, undue delay

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alone is insufficient to justify denial of a motion to amend. Bowles v. Reade, 198 F.3d 752, 758 (9th

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Cir. 1999).
Plaintiff is advised that Defendants have not yet filed an answer and Plaintiff has not properly

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moved to amend the complaint. In the interest of justice, the Court will make a one-time exception

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and provide Plaintiff with a copy of the initial complaint. However, Plaintiff is advised that the Clerk

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of Court does not ordinarily provide free copies of case documents to parties. The Clerk charges $.50

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per page for copies of documents. See 28 U.S.C. § 1914(a). Copies of up to twenty pages may be

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made by the Clerk’s Office at this Court upon written request and prepayment of the copy fees.

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Nonetheless, the Court will make a one-time exception in this circumstance. The Court expresses no

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opinion as to whether any future motion to amend may be granted.

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Accordingly, it is HEREBY ORDERED that:

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Plaintiff’s motion to amend the complaint is denied, without prejudice; and

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The Clerk of Court is directed to send Plaintiff a courtesy copy of the initial complaint
filed on January 3, 2019 (ECF No.1) on Plaintiff at his address of record.

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IT IS SO ORDERED.

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Dated:

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January 9, 2020
UNITED STATES MAGISTRATE JUDGE

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