Not what you're
looking for? Try an advanced search.
Buy This Entire Record For
Anthony Wayne Johnson, Jr v. M. Gains et al
March 8, 2011
ANTHONY WAYNE JOHNSON, JR.,
M. GAINS ET AL.,
The opinion of the court was delivered by: Louisa S Porter United States Magistrate Judge
MODIFIED ORDER GRANTING PLAINTIFF'S MOTION FOR LEAVE TO FILE FOURTH AMENDED COMPLAINT
On March 7, 2011, the Court issued an Order Granting Plaintiff's Motion for Leave to File Fourth Amended Complaint. In that Order, the Court erroneously directed the Clerk to issue a summons upon Defendants as to Plaintiff's Fourth Amended Complaint. Accordingly, the Court has modified its March 7, 2011 order as follows.
On February 10, 2010, Plaintiff Anthony Wayne Johnson, Jr., a state
prisoner proceeding pro se and in forma pauperis, filed a Third
Amended Complaintpursuant to 42 U.S.C. § 1983 against ten California
Department of Corrections and Rehabilitation officials.*fn1
(ECF No. 23.)On June 3, 2010, Defendants filed a Motion to
Dismiss Plaintiff's Third Amended Complaint. (ECF No. 40.) While
Defendants' motion was pending, Plaintiff filed a Motion for Leave to
File a Fourth Amended Complaint.*fn2 (ECF No. 52.) Defendants have not
opposed Plaintiff's motion.
On January 26, 2011, this Court issued a Report and Recommendation that Defendants' Motion to Dismiss be granted in part and denied in part. (ECF No. 50.) Specifically, the Court recommended granting the following claims without prejudice: (1) Plaintiff's Eighth Amendment excessive force claims against Defendants Gains, Holmstrom and Beltran; (2) Plaintiff's claims against Defendant Cate; and (3) Plaintiff's request for injunctive relief. (Id. at 12.) On February 24, 2011, the Honorable Larry A. Burns issued an order adopting this Court's recommendation to grant in part and deny in part Defendants' Motion to Dismiss. (ECF No. 53.)
Leave to amend should be freely given "when justice so requires." Fed.R.Civ.P. 15(a)(2). Furthermore, "[t]his policy is applied even more liberally to pro se litigants." Eldridge v. Block, 832 F.2d 1132, 1135 (9th Cir. 1987). Here, Plaintiff requests to amend his complaint only to include "more details and evidence to support his claims." (ECF No. 52 at 1.) Based on a review of the proposed Fourth Amended Complaint, and for the reasons set forth in this Court's previous Report and Recommendation Order, the Court hereby GRANTS Plaintiff's Motion to Amend. Accordingly, IT IS HEREBY ORDERED:
1. The Clerk of Court shall file Plaintiff's Fourth Amended Complaint (Doc. 52-1) as a new entry on the docket of this case.
2. Defendants are thereafter ORDERED to reply to Plaintiff's Fourth Amended Complaint within the time provided by the applicable provisions of Federal Rule of Civil Procedure 12(a).
cc The Honorable Larry A. Burns
Buy This Entire Record For