(PC) Green v. Chamberlain ( 2020 )

1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 VENCIL C. GREEN, No. 2:19-CV-0109-WBS-DMC-P 12 Plaintiff, 13 v. ORDER 14 NASARIA CHAMBERLAIN, et al., 15 Defendants. 16 17 Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to 18 42 U.S.C. § 1983. Pending before the Court is plaintiff’s motion for leave to file first amended 19 complaint. ECF No. 26. 20 The Federal Rules of Civil Procedure provide that a party may amend his or her 21 pleading once as a matter of course within 21 days of serving the pleading or, if the pleading is 22 one to which a responsive pleading is required, within 21 days after service of the responsive 23 pleading, see Fed. R. Civ. P. 15(a)(1)(A), or within 21 days after service of a motion under Rule 24 12(b), (e), or (f) of the rules, whichever time is earlier, see Fed. R. Civ. P. 15(a)(1)(B). In all 25 other situations, a party’s pleadings may only be amended upon leave of court or stipulation of all 26 the parties. See Fed. R. Civ. P. 15(a)(2). Where leave of court to amend is required and sought, 27 the court considers the following factors: (1) whether there is a reasonable relationship between 28 the original and amended pleadings; (2) whether the grant of leave to amend is in the interest of 1 | judicial economy and will promote the speedy resolution of the entire controversy; (3) whether 2 | there was a delay in seeking leave to amend; (4) whether the grant of leave to amend would delay 3 | atrial on the merits of the original claim; and (5) whether the opposing party will be prejudiced 4 | by amendment. See Jackson v. Bank of Hawa1’i, 902 F.2d 1385, 1387 (9th Cir. 1990). Leave to 5 || amend should be denied where the proposed amendment is frivolous. See DCD Programs, Ltd. v. 6 | Leighton, 833 F.2d 183, 186 (9th Cir. 1987). 7 In this case, leave of court is required because more than 21days have elapsed 8 | since defendants filed their answer to the complaint and defendants have not stipulated to the 9 | proposed amendment. Plaintiff's motion consists of one sentence in which he asks the Court to 10 || permit amendment to the relief requested in his complaint. See ECF No. 26. Plaintiff does not 11 || provide a proposed amended complaint or offer any further explanation. Absent at least a 12 | proposed amended complaint, the Court cannot evaluate the factors outlined above. Plaintiff's 13 | motion is, therefore, denied without prejudice. 14 IT IS SO ORDERED. 15 16 17 Dated: March 31, 2020 18 DENNIS M. COTA 19 UNITED STATES MAGISTRATE JUDGE 20 21 22 23 24 25 26 27 28