(PC) Kawamoto v. Covello

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DARREN K. KAWAMOTO, No. 2:24-cv-00258 DB P 12 Plaintiff, 13 v. ORDER 14 PATRICK COVELLO, et al., 15 Defendants. 16 17 Plaintiff, a state prisoner proceeding pro se, has filed a civil rights action pursuant to 42 18 U.S.C. § 1983. Presently before the court is plaintiff’s motions to amend. (ECF Nos. 5, 6.) For 19 the reasons set forth below, the court will grant the motion to amend. 20 I. Motion to Amend 21 Plaintiff has filed two motions to amend the complaint. (ECF Nos. 5, 6.) Therein, 22 plaintiff states that he seeks to amend the complaint to add additional claims and defendants. 23 (ECF No. 5 at 1-2.) 24 The Federal Rules of Civil Procedure state that courts “should freely give leave [to 25 amend] when justice so requires.” Fed. R. Civ. P. 15(a)(2). “In the absence of any apparent or 26 declared reason—such as undue delay, bad faith or dilatory motive on the part of the movant, 27 repeated failure to cure deficiencies by amendments previously allowed, undue prejudice to the 28 opposing party by virtue of allowance of the amendment, futility of amendment, etc.—the leave 1 | sought should, as the rules require, be ‘freely given.’” Foman v. Davis, 371 U.S. 178, 182 2 | (1962). 3 In light of plaintiff's stated reasons for amending the complaint, the court will grant the 4 | motion. 5 Il. Conclusion 6 For the reasons set forth above, IT IS HEREBY ORDERED that Plaintiff’s motions to 7 | amend (ECF Nos. 5, 6) are granted. 8 | Dated: June 24, 2024 9 10 ORAH BARNES UNITED STATES MAGISTRATE JUDGE 12 DBIDB Prisoner Inbox/Civil Rights/R/kawa.258.am’d.comp 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28