Burton

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JONATHAN BENNETT, No. 2:21-cv-1340 WBS KJN P 12 Plaintiff, 13 v. ORDER 14 BURTON, et al., 15 Defendants. 16 17 Plaintiff is a state prisoner, proceeding without counsel. Plaintiff seeks relief pursuant to 18 42 U.S.C. § 1983, and is proceeding in forma pauperis. This proceeding was referred to this court 19 pursuant to 28 U.S.C. § 636(b)(1) and Local Rule 302. Plaintiff’s motion to amend and proposed 20 amended complaint are before the court. 21 As discussed below, plaintiff’s motion to amend is granted, and the undersigned finds that 22 plaintiff states potentially cognizable Eighth Amendment claims against defendants Garcia and 23 Moreno. 24 Motion to Amend 25 Rule 15(a)(1) of the Federal Rules of Civil Procedure provides that: 26 A party may amend its pleading once as a matter of course within: 27 (A) 21 days after serving it, or 28 (B) if the pleading is one to which a responsive pleading is required, 1 …