Macomber
(PC) Wilkins v. Macomber
Opinion
Trial Court Opinion
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 KEENAN WILKINS, also known as No. 2:16-CV-0475-TLN-DMC-P Nerrah Brown, 12 Plaintiff, ORDER v. 14 JEFF MACOMBER, et al., 15 Defendants.
17 Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to 42 U.S.C. § 1983. Pending before the Court is Plaintiff’s motion, ECF No. 91, for leave to amend. This action currently proceeds on Plaintiff’s second amended complaint. See ECF No. 20. Plaintiff seeks leave to file a third amended complaint to add a new claim of retaliation against Defendant Orel David. See ECF No. 91. Plaintiff separately filed a document entitled “Amendment to Complaint” with his motion. See ECF No. 90. The Federal Rules of Civil Procedure provide that a party may amend his or her pleading once as a matter of course within 21 days of serving the pleading or, if the pleading is one to which a responsive pleading is required, within 21 days after service of the responsive pleading, see Fed.…