Kirchen-Rolph
(PC) Avalos v. Kirchen-Rolph
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 VINCENT JOHNNY AVALOS, Case No. 1:21-cv-00084-BAK (GSA) (PC)
Plaintiff, ORDER GRANTING PLAINTIFF’S v. MOTION TO FILE A FIRST AMENDED
COMPLAINT
SARA L. KIRCHEN-ROLPH, et al., (ECF No. 17) Defendants.
16 Plaintiff Vincent Johnny Avalos, a state prisoner proceeding pro se and in forma pauperis, has filed a motion seeking leave to file a first amended complaint. (ECF No. 17.) Under Rule 15 of the Federal Rules of Civil Procedure, the plaintiff may amend its pleading with the court’s leave. Fed. R. Civ. P. 15(a)(2). The Rule provides that “[t]he court should freely give leave when justice so requires.” Id. The United States Supreme Court has stated that “this mandate is to be heeded.” Lopez v. Smith, 203 F.3d 1122, 1130 (9th Cir. 2000) (quoting Foman v. Davis, 371 U.S. 178, 182 (1962)). The intent of the rule is to “facilitate decision on the merits, rather than on the pleadings or technicalities.” Chudacoff v. Univ.…