(PC) Cervantes v. Lee

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 RAUL CERVANTES, No. 2:20-CV-2416-DMC-P Plaintiff, v. ORDER DERRECK J. LEE, et al., Defendants. 16 Plaintiff, a prisoner proceeding pro se, brings this civil rights action under 42 U.S.C. § 1983. Before the Court is Plaintiff’s motion for leave to amend his complaint, which he filed on December 7, 2020. ECF No. 13. Plaintiff’s motion “for new evidence to be admitted” is also before the Court. ECF No. 16. The Court construes the latter motion as a further motion to amend. Plaintiff’s original complaint is the operative complaint. Federal Rule of Civil Procedure 15(a) permits a party to amend a pleading once as a matter of course within 21 days after service, or if the pleading is one to which a response is required, 21 days after service of a responsive pleading or motion under Rule 12(b), (e), or (f). Otherwise “a party may amend its pleading only with the opposing party's written consent or the 26 …