Guibord

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 ANTHONY DEWAYNE LEE TURNER, No. 2:19-cv-0416 TLN DB P 11 Plaintiff, 12 v. ORDER 13 SACRAMENTO CITY FIRE DEPT., et al., 14 Defendants. 15

16 17 Plaintiff, a former state prisoner, proceeds pro se with a civil rights action under 42 U.S.C. 18 § 1983. This case proceeds on plaintiff’s fourth amended complaint filed on October 14, 2020. 19 (ECF No. 22.) Plaintiff’s motion to amend the complaint is before the court. (ECF No. 77.) 20 Defendant opposes the motion. (ECF No. 79.) Plaintiff filed a reply. (ECF No. 81.) 21 Under Rule 15(a) of the Federal Rules of Civil Procedure, a party may amend a pleading 22 once as a matter of course 21 days after serving it, or if a responsive pleading or motion was filed, 23 within 21 days after service of the responsive pleading or motion, whichever is first. Fed. R. Civ. 24 P. 15(a)(1). Otherwise, a party may amend only by leave of the court or with written consent of 25 the adverse party. Fed. R. Civ. P. 15(a)(2). 26 Leave to amend ‘shall be…