(PC) Rogers v. Campbell ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 CHARLES A. ROGERS, Case No. 1:21-cv-00021-SKO (PC) 12 Plaintiff, ORDER GRANTING PLAINTIFF’S MOTION TO FILE A SECOND AMENDED 13 v. COMPLAINT 14 K. CAMPBELL, et al., (Doc. 11) 15 Defendants. 16 17 18 Plaintiff Charles A. Rogers is proceeding pro se and in forma pauperis in this civil rights 19 action brought pursuant to 42 U.S.C. § 1983. 20 On October 13, 2022, Plaintiff filed “Plaintiff’s Request to File a Second Amended 21 Complaint pursuant to Fed. R. Civ. P. 15(a)(2).” (Doc. 11.) Plaintiff contends the “issues in the 22 initial complaint were continuing and additional potential causes of action has [sic] has been 23 discovered.” (Id. at 1.) 24 BRIEF PROCEDURAL BACKGROUND 25 Plaintiff filed his original complaint on January 6, 2021. (Doc. 1.) Following screening 26 (Doc. 9), Plaintiff filed a first amended complaint on December 8, 2021 (Doc. 10). The Court has 27 not yet screened Plaintiff’s first amended complaint. // 1 Plaintiff now moves the Court to file a second amended complaint and has lodged the 2 amended complaint with this Court. (See Doc. 12.) 3 DISCUSSION AND ORDER 4 Leave to amend a pleading “is entrusted to the sound discretion of the trial court,” 5 Pisciotta v. Teledyne Indus., Inc., 91 F.3d 1326, 1331 (9th Cir. 1996), and “[t]he court should 6 freely give leave when justice so requires,” Fed. R. Civ. P. 15(a)(2). In exercising its “discretion, 7 a court must be guided by the underlying purpose of Rule 15 to facilitate decision on the merits, 8 rather than on the pleadings or technicalities…. Accordingly, Rule 15’s policy of favoring 9 amendments to pleadings should be applied with extreme liberality.” United States v. Webb, 655 10 F.2d 977, 979 (9th Cir. 1981) (internal quotation marks and citations omitted). 11 Upon review of Plaintiff’s motion, including the proposed second amended complaint 12 lodged simultaneously, the undersigned finds good cause to grant the motion. Accordingly, the 13 Court ORDERS: 14 1. Plaintiff’s motion for leave to file a second amended complaint (Doc. 11) is 15 GRANTED; 16 2. The Clerk of the Court is directed to file Plaintiff’s second amended complaint; 17 and, 18 3. The Court will screen Plaintiff’s second amended complaint in due course. 19 IT IS SO ORDERED. 20 21 Dated: October 21, 2022 /s/ Sheila K. Oberto . UNITED STATES MAGISTRATE JUDGE 22 23 24 25 26 27