(PC) Smithee v. California Correctional Institution

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

DANA SMITHEE, et al., ) Case No.: 1:19-cv-00004-NONE-JLT ) Plaintiffs, ) ORDER GRANTING MOTION TO AMEND THE ) FOURTH AMENDED COMPLAINT v. ) ) (Doc. 115) CALIFORNIA CORRECTIONAL ) INSTITUTION, et al., ) ) Defendants. )

Plaintiffs seek leave to file a fifth amended complaint. (Doc. 115.) Defendant filed an opposition on December 7, 2021. (Doc. 121.) For the following reasons, Plaintiffs’ motion for leave to amend the fourth amended complaint is DENIED. I. Background and Factual Allegations After Cyrus Ayers committed suicide while in custody, his child, E.M. and his mother, Dana Smithee, filed this lawsuit. They allege Ayers was not provided proper medical care during his incarceration at the California Correctional Institution in Tehachapi and this resulted in his death. Plaintiffs initiated this action on December 31, 2018 (Doc. 1) and filed a first amended complaint on May 6,…