(PC) Ellis v. County of El Dorado

Good Law
United States District Court, Eastern District of CaliforniaMay 13, 20242:22-cv-00823California588 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 PETER JON ELLIS, Case No. 2:22-cv-00823-DJC-JDP (PC) Plaintiff, FINDINGS AND RECOMMENDATIONS v. THAT PLAINTIFF’S MOTION TO AMEND

BE DENIED

COUNTY OF EL DORADO, et al., ECF No. 38 Defendants.

OBJECTIONS DUE WITHIN FOURTEEN

DAYS 17 Plaintiff, a pretrial detainee proceeding pro se, filed a civil rights action under 42 U.S.C. § 1983. Plaintiff has filed a motion to amend the complaint, ECF No. 38, which defendant opposes, ECF No. 39. For the reasons stated below, I recommend that plaintiff’s motion be denied. Rule 15(a)(2) directs that a court “should freely give leave [to amend a complaint] when justice so requires.” Courts should generally be liberal in allowing a party to amend. Sonoma Cnty. Ass’n of Retired Emples. v. Sonoma Cnty., 708 F.3d 1109, 1117 (9th Cir. 2013). Leave to amend should be denied only where there is strong evidence of “undue delay, bad faith or…

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