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Billy Henderson v. California Highway Patrol

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


September 25, 2012

BILLY HENDERSON, PLAINTIFF,
v.
CALIFORNIA HIGHWAY PATROL, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Carolyn K. Delaney United States Magistrate Judge

ORDER

Plaintiff has filed a motion seeking leave to file a second amended complaint. Under Rule 15(a)(2) of the Federal Rules of Civil Procedure, the court "should freely give leave [to amend] when justice so requires." Plaintiff has not demonstrated good cause for granting leave to amend. While it is not clear, it appears plaintiff takes issue with the court screening out his Eighth Amendment claims. However, plaintiff has no valid Eighth Amendment claims because the acts which form the basis of plaintiff's claims occurred while plaintiff was a pretrial detainee, not a prisoner. Bell v. Wolfish, 441 U.S. 520, 535 n. 16 (1979).

Accordingly, IT IS HEREBY ORDERED that plaintiff's motion for leave to file a second amended complaint (Dkt. No. 22) is denied.

20120925

© 1992-2012 VersusLaw Inc.



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