Anthony J. Davis v. Tuolumne County, et al.

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ANTHONY J. DAVIS, No. 1:25-cv-00925-JLT-SAB (PC) 12 Plaintiff, ORDER DENYING PLAINTIFF’S MOTION FOR LEAVE TO FILE AN AMENDED 13 v. COMPLAINT BE DENIED, WITHOUT PREJUDICE 14 TUOLUMNE COUNTY, et al.,

15 Defendants. (ECF No. 22) 16 17 Plaintiff is proceeding pro se and in forma pauperis in this action filed pursuant to 42 18 U.S.C. § 1983. 19 On April 6, 2026, Plaintiff filed a motion to amend the complaint to add new defendants 20 and new claim. (ECF No. 22.) 21 Under Rule 15(a) of the Federal Rules of Civil Procedure, a party may amend the party's 22 pleading once as a matter of course at any time before a responsive pleading is served. Otherwise, 23 a party may amend only by leave of the court or by written consent of the adverse party, and 24 leave shall be freely given when justice so requires. Fed. R. Civ. P. 15(a). “Rule 15(a) is very 25 liberal and leave to amend shall be freely given when justice so requires.” AmerisourceBergen 26 Corp. v. Dialysist West, Inc., 465 F.3d 946, 951 (9th Cir. 2006) (citation and quotation omitted). 27 However, courts “need not grant leave to amend where the amendment: (1) prejudices the 28 1 | opposing party; (2) is sought in bad faith; (3) produces an undue delay in litigation; or (4) is 2 | futile.” Id. 3 Plaintiff's motion must be denied. Plaintiff did not submit a proposed amended complaint 4 | with his motion as required by the Court’s Local Rules. See Local Rule 137(c) (“Tf filing a 5 | document requires leave of court, such as an amended complaint after the time to amend as a 6 | matter of course has expired, counsel shall attach the document proposed to be filed as an exhibit 7 || to moving papers seeking such leave .... If the Court grants the motion, counsel shall file and 8 || serve the document in accordance with these Rules ....”). In addition, Plaintiff has not supported 9 | his motion with any information to analyze the relevant factors under Rule 15, and the Court’s 10 | discovery and scheduling order did not give Plaintiff the automatic right to file an amended 11 | complaint. Accordingly, Plaintiff's motion is denied without prejudice. 12 IT IS SO ORDERED. DAA Le 14 | Dated: _ April 7, 2026 STANLEY A. BOONE 15 United States Magistrate Judge 16 17 18 19 20 21 22 23 24 25 26 27 28