Ullery

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ANTHONY DEWAYNE LEE TURNER, No. 2:22-cv-0002 TLN KJN P Plaintiff, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

MICHAEL ULLERY, et al., Defendants. 16 Plaintiff is a state prisoner, proceeding pro se. On November 28, 2022, plaintiff was ordered to show cause why Dr. Surineni should not be interlineated in place of Dr. Ratton in claim one. On December 7, 2022, plaintiff filed a document styled, “Plaintiff’s Amended Complaint Against Dr. Ratton.” (ECF No. 55.) As set forth below, it is recommended that plaintiff’s first claim be dismissed, and defendant Dr. Ratton be dismissed from this action. Plaintiff’s Putative Amended Complaint Plaintiff’s amended complaint is procedurally defective. First, because defendants have answered, plaintiff must first seek leave of court to file an amended pleading by filing a motion to amend. Fed. R. Civ. P. 15. Plaintiff did not obtain consent of defendants or file a motion to amend. …