(PC) Campbell v. Smith

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 SENARBLE CAMPBELL, No. 2:21-cv-01172-KJM-CKD P Plaintiff, v. ORDER ASHLEY SMITH, et al., Defendants. 16 Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil rights action filed pursuant to 42 U.S.C. § 1983. Currently pending before the court is plaintiff’s motion for leave to amend along with a proposed first amended complaint. ECF Nos. 34-35. Defendants have not filed an opposition and the time for doing so has expired. For the reasons explained below, the court will deny plaintiff’s motion for leave to amend without prejudice. I. Factual and Procedural History Plaintiff is a mentally ill state prisoner who is a participant in the Mental Health Services Delivery System at the Enhanced Outpatient (“EOP”) level of care within the California Department of Corrections and Rehabilitation. This case is proceeding on plaintiff’s complaint filed on June 22, 2021 alleging Eighth…