(PC) Gould v. Smith

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 STEVEN ERIC GOULD, No. 2:18-cv-1981-JAM-EFB P Plaintiff, v. ORDER CALIFORNIA DEPARTMENT OF

CORRECTIONS AND

REHABILITATION, et al., Defendants. 17 Plaintiff is confined to a detention center in Nevada, and proceeds without counsel in an action brought under 42 U.S.C. § 1983. This case proceeds on plaintiff’s first amended complaint against defendant Smith on an Eighth Amendment deliberate indifference to medical needs claim. See ECF Nos. 16, 21. On June 2, 2020, defendant Smith filed a motion to dismiss this action pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure, without leave to amend, for failure to state a claim upon which relief could be granted. ECF No. 31. On June 15, 2020, plaintiff filed a motion to amend, accompanied by a proposed second amended complaint. ECF Nos. 33, 34. Defendant opposes plaintiff’s motion to amend. ECF No. 37. Rule 15(a)(1) of the Federal Rules of Civil…