(PC) Cooks v. State of CA Dept. of Corrections and Rehabilitation

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 SHAWN EDWARD COOKS, No. 2:20-cv-1780 DAD KJN P Plaintiff, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

STATE OF CALIFORNIA

DEPARTMENT OF CORRECTIONS

AND REHABILITATION, et al., Defendants. 17 Plaintiff is a state prisoner, proceeding through counsel. This action proceeds on plaintiff’s Eighth Amendment and state law claims against defendant Dr. Lameer. Plaintiff’s fully briefed motion to amend and supplement his complaint as to the California Department of Corrections and Rehabilitation (“CDCR”) is before the court. As set forth below, plaintiff’s motion to amend and supplement the complaint under Rule 15(d) of the Federal Rules of Civil Procedure should be denied. Background On September 3, 2020, counsel filed this action on behalf of plaintiff. Plaintiff’s original complaint alleges as follows: On January 26, 2018, plaintiff broke his leg; defendant Dr. Lameer performed surgery, inserting a…