Boone

Boone v. Gomez

Good Law
United States District Court, Northern District of CaliforniaApril 27, 20224:21-cv-08160California521 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 VELTON LAMONT BOONE, Case No. 21-cv-08160-JSW Plaintiff, ORDER DENYING LEAVE TO FILE

AMENDED COMPLAINTS; DENYING

v. MOTION TO STRIKE RAMIRO GOMEZ, et al., Re: Dkt. No. 26, 27, 28 Defendants. 11 Plaintiff, a California prisoner proceeding pro se, filed two proposed amended complaints (ECF Nos. 26, 27) that add new claims for relief. Although Plaintiff did not file a motion for leave to file such amended complaints, in light of Plaintiff’s pro se and incarcerated status, the Court construes the filings as including such a request. Leave to file these proposed amended complaints may not be granted if the new claims that seek to add are not cognizable. See Moore v. Kayport Package Exp., Inc., 885 F.2d 531, 538 (9th Cir. 1989) (a court need not grant leave to amend if a complaint, as amended, is subject to dismissal). In any event, if leave were granted, the Court would have an obligation to screen them under 28 U.S.C.…

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