Neve

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 EARNEST S. HARRIS, Case No. 1:19-cv-01338-AWI-JLT (PC)

Plaintiff, ORDER GRANTING PLAINTIFF’S

MOTION FOR LEAVE TO FILE THIRD

v. AMENDED COMPLAINT

D. NEVE, (Doc. 45) Defendant. 16 Plaintiff requests leave to file a third amended complaint. (Doc. 45.) Plaintiff seeks to add one claim regarding the alleged use of excessive force and retaliation by Defendant Neve between May and June of 2018. (Id. at 1.) Defendant has not filed an opposition or a statement of non- opposition to Plaintiff’s motion, and the time to do so has passed. See Local Rule 230(l). Leave to amend a pleading “is entrusted to the sound discretion of the trial court,” Pisciotta v. Teledyne Indus., Inc., 91 F.3d 1326, 1331 (9th Cir. 1996), and “[t]he court should freely give leave when justice so requires,” Fed. R. Civ. P. 15(a)(2). In exercising its “discretion, a court must be guided by the underlying purpose of Rule 15 to facilitate…