(PC) Hammler v. Clark ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ALLEN HAMMLER, ) Case No.: 1:19-cv-00373-AWI-SAB (PC) ) 12 Plaintiff, ) ) ORDER GRANTING PLAINTIFF’S MOTION 13 v. ) TO AMEND THE COMPLAINT, AND DIRECTING CLERK OF COURT TO FILE THE 14 CLARK, et.al., ) FIRST AMENDED COMPLAINT, LODGED ON ) MARCH 26, 2020 15 Defendants. ) ) (ECF Nos. 80, 81) 16 ) ) 17 ) 18 Plaintiff Allen Hammler is appearing pro se and in forma pauperis in this civil rights action 19 pursuant to 42 U.S.C. § 1983. 20 Currently before the Court is Plaintiff’s motion to amend the complaint, along with a copy of 21 the proposed amended complaint, filed March 26, 2020, respectively. (ECF Nos. 80, 81.) Defendants 22 have not filed an opposition and the time to do has now expired. Local Rule 230(l). 23 Rule 15 of the Federal Rules of Civil Procedure provides that “[t]he court should freely give 24 leave” to amend a pleading “when justice so requires.” Fed R. Civ. P. 15(a)(2). The Ninth Circuit has 25 instructed that the policy favoring amendments “is to be applied with extreme liberality.” Morongo 26 Band of Mission Indians v. Rose, 893 F.2d 1074, 1079 (9th Cir. 1990). “In the absence of any 27 apparent or declared reason—such as undue delay, bad faith or dilatory motive on the part of the 28 movant, repeated failure to cure deficiencies by amendments previously allowed, undue prejudice to WOO 4:£N OAD MVOC OW POO I he eve 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 seeks to amend the complaint solely to add a request for damages. (ECF No. 4 || 80.) The Court finds that justice would be served by permitting Plaintiff to amend his complaint to 5 || add a demand for relief of damages. Accordingly, in the absence of any undue prejudice to 6 || Defendants, as evidenced by their lack of opposition to the motion, Plaintiff's motion to amend and 7 || file a first amended complaint shall be granted. 8 Based on the foregoing, it is HEREBY ORDERED that: 9 1. Plaintiff's motion to amend the complaint, filed on March 26, 2020 (ECF No. 80) is 10 GRANTED; 11 2. The Clerk of Court shall file the first amended complaint, lodged on March 26, 2020 12 (ECF No. 81); and 13 3. Within ten (10) days from the date of service of this order, Defendants may file an 14 amended answer, if so desired. 15 16 ||IT IS SO ORDERED. Al (re 17 || Dated: _ April 17, 2020 OF 18 UNITED STATES MAGISTRATE JUDGE 19 20 21 22 23 24 25 26 27 28