(PC) Hunter v. Brenneman ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 BRANDON EUGENE HUNTER, No. 2:22-cv-1141 DJC CKD P 12 Plaintiff, 13 v. ORDER 14 BRENNEMAN, et al., 15 Defendants. 16 17 Plaintiff has filed a document the court construes as a request for an extension of time to 18 file a second amended complaint. However, the court has not granted plaintiff leave to file a 19 second amended complaint, and plaintiff has not presented good cause for the court doing so. 20 Therefore, his request will be denied. Plaintiff is free to file a second amended complaint, but if 21 he does, he must include a motion for leave to amend explaining why leave to amend should be 22 granted. Under Rule 15 of the Federal Rules of Civil Procedure, the court grants leave to amend 23 when “justice so requires.” In deciding whether leave to amend should be granted, the court 24 considers, among other things, whether there has been undue delay or bad faith in seeking leave 25 to amend. Anthony v. Cambra, 236 F.3d 568, 577 (9th Cir. 2000). If plaintiff does not establish 26 good cause for granting leave to amend, the second amended complaint will be stricken. 27 ///// 28 ///// ] Accordingly, IT IS HEREBY ORDERED that plaintiff's request for an extension of time 2 | to file a second amended complaint (ECF No. 35) is denied. 3 | Dated: October 12, 2023 Cad ) ft 4 by ae 4 CAROLYNK. DELANEY 5 UNITED STATES MAGISTRATE JUDGE 6 7 8] 1 9 hunt] 141.exta 10 1] 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28