Beard

(PC) Johnson v. Beard

Good Law
United States District Court, Eastern District of CaliforniaFebruary 3, 20212:15-cv-01313California723 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 PAUL DAVID JOHNSON, No. 2:15-cv-1313 KJN P Plaintiff, v. ORDER J.A. BEARD, et al., Defendants. 16 Plaintiff, a state prisoner proceeding pro se, filed a 26 page document styled, “Third Amended Complaint Motion for Summary Judgment . . . .” (ECF No. 112.) On February 1, 2021, plaintiff filed a similarly-styled “Third Amended Complaint Motion for Summary Judgment . . .” which is only 22 pages long. In order to amend his pleading again, plaintiff must file and serve a motion to amend along with his proposed amended pleading. See Fed. R. Civ. P. 15(a)(2). Here, plaintiff has amended his complaint multiple times, and defendant Chen filed a motion to dismiss on March 9, 2020. Therefore, plaintiff may amend again only by leave of court or by written consent of the adverse parties. See Fed. R. Civ. P. 15(a)(2). Plaintiff did not file a motion to amend or a stipulation to amend the complaint signed by all parties. Plaintiff’s…

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