Giddings
(PC) Franks v. Giddings
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 TOM M. FRANKS, No. 2:17-cv-1056 KJM CKD P Plaintiff, v. ORDER J.CLARK KELSO, et al., Defendants. 16 Plaintiff is a California prisoner proceeding se. On March 27, 2020, plaintiff filed a motion for leave to amend and a proposed amended complaint. In the amended complaint plaintiff requests to add defendant Steven Paul who was screened out when plaintiff’s original complaint was screened in 2017. Plaintiff does not add anything material to the claim against defendant Paul and does not explain his two-and-a-half-year delay in seeking leave to amend. See Johnson v. Buckley, 356 F.3d 1067, 1077 (9th Cir. 2004) (among other things, the court considers futility of amendment and undue delay in considering whether to grant leave to amend). Further, the amended complaint is an incomplete supplemental pleading which is not permitted under Local Rule 220. 26 1 The undersigned issued Findings and Recommendations on October 18,…