Atkinson

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 JONATHAN DEWITT MCDOWELL, Case No. 1:20-cv-01036-DAD-SKO (PC)

Plaintiff, ORDER GRANTING IN PART AND

DENYING IN PART PLAINTIFF’S

v. MOTION FOR LEAVE TO AMEND

THE COMPLAINT

ATKINSON, et al., (Doc. 38) Defendants. 16 On September 20, 2021, Plaintiff filed a motion for leave to amend his complaint. (Doc. 38.) Plaintiff seeks to add three defendants to this action: Kern Valley State Prison, Nurse J. Cudal, and Correctional Officer Welch. (Id. at 1.) Defendants filed an opposition to the motion on October 11, 2021. (Doc. 39.) Plaintiff has not filed a reply, and the time to do so has passed. See Local Rule 230(l). For the reasons set forth below, the Court will grant in part and deny in part Plaintiff’s motion. I. DISCUSSION 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…