Grannis
(PC) Branch v. Grannis
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
LOUIS BRANCH, Case No. 1:08-cv-01655-SAB (PC)
Plaintiff, ORDER REGARDING PLAINTIFF’S
PROPOSED FIFTH AMENDED
v. COMPLAINT
D. UMPHENOUR, et al., (ECF No. 369) Defendants.
16 Louis Branch (“Plaintiff”), a state prisoner proceeding pro se and in forma pauperis, filed this civil rights action pursuant to 42 U.S.C. § 1983. This action is proceeding on Plaintiff’s fourth amended complaint against Defendant Umphenour for retaliation, and Defendant’s response is presently due on or before January 14, 2022. (ECF No. 368.) On December 27, 2021, Plaintiff lodged a proposed fifth amended complaint. (ECF No. 369.) To the extent that Plaintiff seeks to amend the complaint, he may not amend by merely submitting a proposed amended complaint. “Rule 15(a) is very liberal and leave to amend ‘shall be freely given when justice so requires.’ ” AmerisourceBergen Corp. v. Dialysis West, Inc., 445 F.3d 1132, 1136 (9th Cir. 2006) (quoting…