(PC) Franks v. Giddings ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 TOM M. FRANKS, No. 2:17-cv-1056 KJM CKD P 12 Plaintiff, 13 v. ORDER 14 J.CLARK KELSO, et al., 15 Defendants. 16 17 Plaintiff is a California prisoner proceeding se. On March 27, 2020, plaintiff filed a 18 motion for leave to amend and a proposed amended complaint. In the amended complaint 19 plaintiff requests to add defendant Steven Paul who was screened out when plaintiff’s original 20 complaint was screened in 2017.1 Plaintiff does not add anything material to the claim against 21 defendant Paul and does not explain his two-and-a-half-year delay in seeking leave to amend. 22 See Johnson v. Buckley, 356 F.3d 1067, 1077 (9th Cir. 2004) (among other things, the court 23 considers futility of amendment and undue delay in considering whether to grant leave to amend). 24 Further, the amended complaint is an incomplete supplemental pleading which is not permitted 25 under Local Rule 220. 26 1 The undersigned issued Findings and Recommendations on October 18, 2017, screening out a 27 claim and several defendants including Steven Paul. (ECF No. 7). Plaintiff failed to file any objections to the Findings and Recommendations and the district judge assigned to the case at that 28 time adopted them in full on November 14, 2017 (ECF No. 13). 1 Plaintiff's motion for leave to amend will be denied and the proposed amended complaint 2 | stricken. Plaintiff is warned that the court views plaintiff's motion as frivolous especially at this 3 | stage in plaintiff's case.” If plaintiff files other frivolous motions, or motions made in bad faith, 4 | sanctions, including dismissal of this action, may issue. 5 Accordingly, IT IS HEREBY ORDERED that: 6 1. Plaintiff's motion for leave to file an amended complaint (ECF No. 71) is denied; and 7 2. Plaintiff's amended complaint (ECF No. 72) is stricken. 8 | Dated: March 31, 2020 Ci dp. f | fe ? CAROLYN K. DELANEY 10 UNITED STATES MAGISTRATE JUDGE 11 12 13 | 1 4 fran1056.mta 15 16 17 18 19 20 21 22 23 24 25 26 27 || * The defendants have already filed a motion for summary judgment (ECF No. 50), and Findings 38 a) Recommendations partially granting and partially denying their motion is pending. (ECF No.