(PC) Hisle v. Conanon ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 DENNIS CURTIS HISLE, ) Case No. 1:17-cv-01400-NONE-SAB (PC) ) 12 Plaintiff, ) ) ORDER GRANTING PLAINTIFF’S MOTION TO 13 v. ) AMEND THE COMPLAINT, AND DIRECTING THE CLERK OF COURT TO FILE THE SECOND ) 14 MARLYN CONANAN, et al., AMENDED COMPLAINT LODGED ON MARCH ) 19, 2020 15 Defendants. ) ) (ECF Nos. 108, 109) 16 ) 17 Plaintiff Dennis Curtis Hisle is appearing pro se and in forma pauperis in this civil rights action 18 pursuant to 42 U.S.C. § 1983. 19 Currently before the Court is Plaintiff’s motion to amend the complaint, filed March 19, 2020. 20 (ECF No. 108.) On April 7, 2020, Defendants filed a statement of non-opposition to Plaintiff’s motion 21 to amend. (ECF No. 112.) 22 Rule 15 of the Federal Rules of Civil Procedure provides that “[t]he court should freely give 23 leave” to amend a pleading “when justice so requires.” Fed R. Civ. P. 15(a)(2). The Ninth Circuit has 24 instructed that the policy favoring amendments “is to be applied with extreme liberality.” Morongo 25 Band of Mission Indians v. Rose, 893 F.2d 1074, 1079 (9th Cir. 1990). “In the absence of any 26 apparent or declared reason—such as undue delay, bad faith or dilatory motive on the part of the 27 movant, repeated failure to cure deficiencies by amendments previously allowed, undue prejudice to 28 1 || the opposing party by virtue of allowance of the amendment, futility of amendment, etc.—the leave 2 || sought should, as the rules require, be ‘freely given.’ ” Foman v. Davis, 371 U.S. 178, 182 (1962). 3 Here, Plaintiff timely seeks to amend the complaint, “to include his claim that Dr. Conanan 4 || failed to provide a lay-in order on May 5, 2016 as reflected in her medical progress notes as well as 5 || the urgent request to see pulminologist.” (Mot. at 3.) The Court finds that justice would be served by 6 || permitting Plaintiff to amend his complaint as specified above. Accordingly, in the absence of any 7 || undue prejudice to Defendants, as evidenced by their lack of opposition to the motion, Plaintiff’s 8 || motion to amend and file a second amended complaint shall be granted. 9 Based on the foregoing, it is HEREBY ORDERED that: 10 1. Plaintiff's motion to amend the complaint, filed on March 19, 2020 (ECF No. 109) is 11 GRANTED; and 12 2. The Clerk of Court shall filed the second amended complaint, lodged on March 19, 13 2020 (ECF No. 108). 14 15 IS SO ORDERED. A (re 16 || Dated: _ April 13, 2020 IF 17 UNITED STATES MAGISTRATE JUDGE 18 19 20 21 22 23 24 25 26 27 28