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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 8 YAKINI DEANDRE BYRD, Case No. 1:19-cv-01343-DAD-HBK

Plaintiff, FINDINGS AND RECOMMENDATIONS TO

DENY PLAINTIFF’S MOTION TO AMEND

v. COMPLAINT1 F. SERRANO, (Doc. No. 52) Defendant. FOURTEEN-DAY OBJECTION PERIOD 14 15 Before the Court is Plaintiff Yakini Deandre Byrd’s motion seeking leave to file a second amended complaint filed on July 1, 2021. (Doc. No. 52, “Motion”). Defendant filed an Opposition on July 22, 2021. (Doc. No. 53). The undersigned recommends Plaintiff’s Motion be denied because the Motion is procedurally deficient, untimely, and the proposed amendment is futile. I. BACKGROUND Plaintiff’s original complaint was filed on September 23, 2019. (Doc. No. 1). The then- assigned magistrate judge screened the complaint and determined it stated a claim of excessive force against Defendant F. Serrano. (Doc. No. 15). Defendant answered the complaint on 25 …