Anderson v. California Medical Facility - Solano

Filing 46

ORDER signed by Magistrate Judge Carolyn K. Delaney on 12/5/2017 DENYING plaintiff's motion for leave to amend (ECF No. 42 at 4-7). (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JULIUS ANDERSON,

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Plaintiff,

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No. 2:16-cv-0018 TLN CKD P

v.

ORDER

CALIFORNIA MEDICAL FACILITY,
SOLANO, et al.,
Defendants.

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Plaintiff seeks leave to amend his third amended complaint in order to attempt to state a

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claim upon which he may proceed against defendant Harris. The court has reviewed plaintiff’s

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proposed fourth amended complaint (ECF No. 42 at 4-7) and there are no allegations concerning

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defendant Harris. Plaintiff also seeks leave to amend in order to attempt to plead compliance with

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the California Tort Claims Act, Cal. Gov’t Code § 945.4 (CTCA) with respect to claims arising

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under state law. However, plaintiff fails to identify any claims arising under state law in his

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proposed fourth amended complaint, nor does he adequately allege that he complied with the

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CTCA as to those claims. Finally, the proposed fourth amended complaint is not signed as

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required under Rule 11 of the Federal Rules of Civil Procedure.

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For all the foregoing reasons, IT IS HEREBY ORDERED that plaintiff’s August 9, 2017

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motion for leave to amend is denied.

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Dated: December 5, 2017

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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1/kly
ande0018.mta

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