(PC) Vaden v. Mayes ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ERNEST LEE VADEN, No. 2:19-cv-2216 TLN CKD P 12 Plaintiff, 13 v. ORDER 14 DR ROBERT L MAYES, et al., 15 Defendants. 16 17 Plaintiff is a California prisoner proceeding with a civil action against defendants Mayes, 18 Kuersten and California State Prison, Solano. Plaintiff seeks leave to file a second amended 19 complaint. Under Rule 15(a) of the Federal Rules of Civil Procedure, the court grants leave to 20 amend “when justice so requires.” In deciding whether leave to amend should be granted, 21 factors to be considered include the presence or absence of undue delay, bad faith, dilatory 22 motive, repeated failure to cure deficiencies by previous amendments, undue prejudice to the 23 opposing party and futility of the proposed amendment. Forman v. Davis, 371 U.S. 178, 182 24 (1962). 25 The court has reviewed plaintiff’s proposed second amended complaint. The body of the 26 proposed second amended complaint is 20 pages as opposed to the operative amended complaint 27 which is only 8 pages. While the court understands that it is appropriate that the second amended 28 complaint be longer than the amended complaint as plaintiff attempts to add defendants back into 1 | the case that were included in the original complaint but not the amended, plaintiff has not 2 || adequately explained the expansion of the proposed pleadings. Accordingly, plaintiff's motion 3 || for leave to amend will be denied without prejudice to renewal within 30 days. 4 If plaintiff seeks leave to amend, he must identify all proposed amendments in his motion, 5 || why the proposed amendment is material (i.e. why the amendment matters) and must explain the 6 || delay in the presentation of the proposed amendment. 7 Accordingly, IT IS HEREBY ORDERED that: 8 1. Plaintiffs motion for leave to file a second amended complaint (ECF No. 106) is 9 || denied without prejudice to renewal within 30 days. Plaintiff's proposed second amended 10 || complaint (ECF No. 107) is stricken. 11 2. Plaintiff is granted thirty days within which to file a motion for leave to amend and a 12 || proposed second amended complaint. In the motion, plaintiff must identify all proposed 13 || amendments, explain why the proposed amendment is material and must explain the delay in the 14 || presentation of the proposed amendment. 15 3. If plaintiff files a motion to amend, defendants shall file an opposition, or statement of 16 || non-opposition, within 21 days of the day the motion is filed on the court’s electronic docket. 17 | Dated: September 26, 2022 ( ae } ft | Ld □ — 18 CAROLYN K DELANEY 19 UNITED STATES MAGISTRATE JUDGE 20 21 22 vade2216 Ia 23 24 25 26 27 28