Mayes

(PC) Vaden v. Mayes

Bad Law
United States District Court, Eastern District of CaliforniaSeptember 26, 20222:19-cv-02216California477 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ERNEST LEE VADEN, No. 2:19-cv-2216 TLN CKD P Plaintiff, v. ORDER DR ROBERT L MAYES, et al., Defendants. 16 Plaintiff is a California prisoner proceeding with a civil action against defendants Mayes, Kuersten and California State Prison, Solano. Plaintiff seeks leave to file a second amended complaint. Under Rule 15(a) of the Federal Rules of Civil Procedure, the court grants leave to amend “when justice so requires.” In deciding whether leave to amend should be granted, factors to be considered include the presence or absence of undue delay, bad faith, dilatory motive, repeated failure to cure deficiencies by previous amendments, undue prejudice to the opposing party and futility of the proposed amendment. Forman v. Davis, 371 U.S. 178, 182 (1962). The court has reviewed plaintiff’s proposed second amended complaint. The body of the proposed second amended complaint is 20 pages as opposed to the operative…

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