Reddy

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 9 CHRISTOPHER LIPSEY, JR., No. 2:17-cv-1434-KJM-EFB P Plaintiff, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

REDDY, et al., Defendants. 15 Plaintiff is a state prisoner proceeding without counsel in this action brought under 42 U.S.C. § 1983. Currently he is proceeding on his fourth amended complaint. Defendants move for judgment on the pleadings as to plaintiff’s state law claims for failure of plaintiff to allege facts showing compliance with California’s Government Claims Act. ECF No. 42. Plaintiff responds by requesting leave to file a fifth amended complaint, which does allege compliance with the Act. ECF No. 45. Defendants have filed no reply brief nor an opposition to plaintiff’s request for leave to amend. For the reasons that follow, plaintiff’s request for leave to amend is granted and it is recommended that defendants’ motion for judgment on the pleadings be denied as moot. I. Background The court…