Phillips
Jason Erik Schmaus v. K.M. Aye
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 JASON ERIK SCHMAUS, No. 1:23-cv-01125-JLT-SAB (PC) Plaintiff, ORDER DENYING PLAINTIFF’S MOTION
TO AMEND THE COMPLAINT
v. (ECF No. 47) K.M. AYE,
Defendant. 16 Plaintiff is proceeding pro se and in forma pauperis in this action filed pursuant to 42 U.S.C. § 1983. Currently before the Court is Plaintiff’s motion to amend, filed December 29, 2025. I. DISCUSSION Plaintiff seeks to amend the complaint and states it “would be based upon the same general state of facts as the original complaint.” (ECF No. 47.) As an initial matter, Plaintiff did not file a proposed amended complaint with his motion to amend. Because Plaintiff did not submit a proposed amended complaint, the Court is unable to evaluate it. On this ground, alone, Plaintiff’s motion to amend should be denied. See King v. Villegas, 2019 WL 5536266, at *2 (E.D. Cal. Oct. 25, 2019) (denying motion to file…