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Garland v. Hughes

United States District Court, C.D. California

March 5, 2015

Shaun Darnell Garland
v.
Charlie Hughes.

(IN CHAMBERS) ORDER DENYING REQUEST FOR LEAVE TO FILE SECOND AMENDED COMPLAINT [DKT. 40]

KENLY KIYA KATO, Magistrate Judge.

Over a year after filing this action and facing imminent discovery and substantive motions cut-off dates, Plaintiff Shaun Darnell Garland has filed a Request for Leave to File a Second Amended Complaint. For the reasons set forth below, Plaintiff's request is DENIED without prejudice.

I.

BACKGROUND

On August 9, 2013, Plaintiff Shaun Darnell Garland ("Plaintiff") lodged a pro se civil rights complaint ("Complaint") against Defendant Charlie Hughes ("Defendant Hughes"). ECF Docket No ("dkt.") 2. The Complaint alleged two claims: (1) First Amendment retaliation and (2) retaliatory/punitive false imprisonment. Id. at 5. The claims stemmed from Plaintiff's allegation that Defendant Hughes placed him in administrative segregation on August 27, 2011 in retaliation for Plaintiff's exercise of his First Amendment rights in filing administrative complaints and initiating litigation against California Department of Corrections and Rehabilitation employees and California Correctional Peace Officers Association union members. Id. at 3-4.

On December 10, 2013, the Court issued an order granting Plaintiff's request to proceed in forma pauperis and the Complaint was, thus, filed on that same day. Dkts. 5 and 6.

On May 15, 2014, Defendant Hughes filed his Answer to the Complaint. Dkt. 17.

On May 19, 2014, the Court issued a scheduling order which set a discovery cut-off date of November 19, 2014 and a substantive motion cut-off of January 19, 2015. Dkt. 19.

On June 16, 2014, Plaintiff filed a Request for Leave to File First Amended Complaint. Dkt. 22. Plaintiff requested leave to amend the Complaint for the purpose of adding two additional occasions (January 26, 2012 and March 3, 2012) when Defendant Hughes allegedly ordered the administrative segregation placement of Plaintiff in retaliation for Plaintiff's exercise of his First Amendment rights in filing administrative grievances and initiating litigation. Id.

On July 25, 2014, the Court granted Plaintiff's request for leave to file his FAC. Dkt. 30. Defendant Hughes filed his Answer to the FAC on August 7, 2014. Dkt. 32.

On August 8, 2014, the Court issued a revised scheduling order which set a new discovery cut-off date of March 7, 2015 and a new substantive motion cut-off date of April 7, 2015. Dkt. 34.

On August 11, 2014, the Court issued an order granting Defendant Hughes' request to depose Plaintiff. Dkt. 35.

On February 13, 2015, Plaintiff filed a Request for Leave to File a Second Amended Complaint ("SAC"). Dkt. 40. On March 3, 2015, Defendant Hughes filed an ...


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