Cook

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

RON COOK, Case No. 1:21-cv-01478-AWI-EPG

Plaintiff,

FINDINGS AND RECOMMENDATIONS,

v. RECOMMENDING THAT PLAINTIFF’S

MOTION FOR LEAVE TO FILE AN

RON SIMS, et al., AMENDED COMPLAINT BE DENIED

Defendants. (ECF No. 27)

OBJECTIONS, IF ANY, DUE WITHIN

FOURTEEN DAYS

17 18 Plaintiff Ron Cook proceeds with counsel in this civil rights action. (ECF No. 1). This matter is before the Court on Plaintiff’s motion for leave to file an amended complaint to add a claim under 42 U.S.C. § 1983 against Defendants Flor Garcia, a private security guard, and her employer, Pacific Valley Security Patrol (PVSP). (ECF No. 27). Garcia and PVSP oppose leave to amend, arguing that leave to amend would be futile because Garcia is not a state actor for purposes of § 1983. (ECF No. 33, p. 9). As explained below, the Court will recommend that Plaintiff’s motion for leave to file an…