Gibbs v. California Department of Fish and Game et al

Filing 63

ORDER signed by Magistrate Judge Craig M. Kellison on 8/11/16 ORDERING that plaintiff's 58 apparent motion for leave to amend/supplement is DENIED. (Kastilahn, A)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ROBERT ALAN GIBBS,

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No. 2:13-CV-2631-KJM-CMK

Plaintiff,
vs.

ORDER

BOYD, et al.,
Defendants.
/
Plaintiff, who is proceeding pro se, brings this civil rights action. Pending before

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the court is plaintiff’s March 23, 2016, letter (Doc. 58) in which he appears to seek leave to

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amend or supplement his complaint.

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The Federal Rules of Civil Procedure provide that a party may amend his or her

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pleading once as a matter of course within 21 days of serving the pleading or, if the pleading is

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one to which a responsive pleading is required, within 21 days after service of the responsive

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pleading, see Fed. R. Civ. P. 15(a)(1)(A), or within 21 days after service of a motion under Rule

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12(b), (e), or (f) of the rules, whichever time is earlier, see Fed. R. Civ. P. 15(a)(1)(B). In all

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other situations, a party’s pleadings may only be amended upon leave of court or stipulation of all

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the parties. See Fed. R. Civ. P. 15(a)(2). Where leave of court to amend is required and sought,
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the court considers the following factors: (1) whether there is a reasonable relationship between

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the original and amended pleadings; (2) whether the grant of leave to amend is in the interest of

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judicial economy and will promote the speedy resolution of the entire controversy; (3) whether

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there was a delay in seeking leave to amend; (4) whether the grant of leave to amend would delay

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a trial on the merits of the original claim; and (5) whether the opposing party will be prejudiced

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by amendment. See Jackson v. Bank of Hawai’i, 902 F.2d 1385, 1387 (9th Cir. 1990). Leave to

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amend should be denied where the proposed amendment is frivolous. See DCD Programs, Ltd.

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v. Leighton, 833 F.2d 183, 186 (9th Cir. 1987). In this case, leave of court is required because

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defendants have appeared in the action.

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Plaintiff’s filing is a missive against various Shasta County officials, including

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state court judges and law enforcement officers. Plaintiff has not, however, demonstrated any

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reasonable relationship between the original complaint, in which he alleges various civil rights

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violations in connection with his arrest in December 2012, and his claims against Shasta County

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officials. Moreover, the court finds that the contemplated amendment/supplement would delay

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resolution of plaintiff’s claims against the arresting officers. Finally, plaintiff has not explained

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why he now seeks leave to amend/supplement his complaint more than two years after this action

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was originally filed. For these reasons, leave to amend/supplement will not be granted.

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Accordingly, IT IS HEREBY ORDERED that plaintiff’s apparent motion for
leave to amend/supplement (Doc. 58) is denied.

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DATED: August 11, 2016
______________________________________
CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE

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