Redman

(PC) Giscome v. Redman

Good Law
United States District Court, Eastern District of CaliforniaFebruary 10, 20201:19-cv-00064California478 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 TIMOTHY GISCOME, Case No. 1:19-cv-00064-DAD-JDP Plaintiff, ORDER DENYING LEAVE TO AMEND v. ECF No. 21 T. REDMAN, et al., Defendants. 16 Plaintiff Timothy Giscome is a state prisoner proceeding without counsel in this civil rights action under 42 U.S.C. § 1983. On June 21, 2019, the court recommended that plaintiff’s claim be dismissed for failure to state a claim. ECF No. 18. On August 26, 2019, plaintiff filed a one-page notice, conceding the correctness of the June 21 findings and requesting that the court consider a third amended complaint. ECF No. 21. Plaintiff attached his proposed third amended complaint to the notice. ECF No. 22. Federal Rule of Civil Procedure 15(a)(2) instructs courts to “freely give leave [to amend] when justice so requires.” See also Arizona Students’ Ass’n v. Arizona Bd. of Regents, 824 F.3d 858, 871 (9th Cir. 2016). “This policy is to be applied with extreme liberality.” …

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