Wise

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MICHAEL WITKIN, No. 2: 19-cv-0974 KJM KJN P Plaintiff, v. FINDINGS AND RECOMMENDATIONS D. WISE, et al., Defendants. 16 I. Introduction Plaintiff is a state prisoner, proceeding without counsel, with a civil rights action pursuant to 42 U.S.C. § 1983. Pending before the court is plaintiff’s motion for leave to file a second amended complaint. (ECF No. 48.) On August 24, 2020, defendants filed an opposition to plaintiff’s motion to amend. (ECF No. 50.) On September 3, 2020, plaintiff filed a reply. (ECF No. 54.) For the reasons stated herein, the undersigned recommends that plaintiff’s motion to amend be granted in part and denied in part. II. Legal Standard Federal Rule of Civil Procedure 15 requires that a plaintiff obtain either consent of the defendant or leave of court to amend its complaint once the defendant has answered, but “leave shall be freely given when justice so…