Castle v. Hedgpeth et al
Filing
89
ORDER STRIKING Plaintiff's 55 Second Amended Complaint, signed by Magistrate Judge Sandra M. Snyder on 6/8/2011. (Marrujo, C)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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SY LEE CASTLE,
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CASE NO. 1:08-cv-01754-AWI-SMS
Plaintiff,
ORDER STRIKING PLAINTIFF’S SECOND
AMENDED COMPLAINT
v.
(ECF No. 55)
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A. HEDGPETH, et al.,
Defendants.
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Plaintiff Sy Lee Castle (“Plaintiff”) is a state prisoner proceeding pro se and in forma
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pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action is proceeding on the
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first amended complaint, filed May 12, 2009, against Defendants Hedgpeth, Marta, and Amavisca
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for a violation of Plaintiff’s First Amendment right to free exercise of religion. On December 6,
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2010, a second amended complaint was lodged. (ECF No. 55.)
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Under Rule 15(a) of the Federal Rules of Civil Procedure, a party may amend the party’s
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pleading once as a matter of course at any time before a responsive pleading is served. Otherwise,
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a party may amend only by leave of the court or by written consent of the adverse party, and leave
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shall be freely given when justice so requires. Fed. R. Civ. P. 15(a). “Rule 15(a) is very liberal and
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leave to amend ‘shall be freely given when justice so requires.’” Amerisource Bergen Corp. v.
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Dialysis West, Inc., 465 F.3d 946, 951 (9th Cir. 2006) (quoting Fed. R. Civ. P. 15(a)). However,
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courts “need not grant leave to amend where the amendment: (1) prejudices the opposing party; (2)
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is sought in bad faith; (3) produces an undue delay in the litigation; or (4) is futile.” Id. The factor
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of “‘[u]ndue delay by itself . . . is insufficient to justify denying a motion to amend.’” Owens v.
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Kaiser Foundation Health Plan, Inc., 244 F.3d 708, 712,13 (9th Cir. 2001) (quoting Bowles v. Reade,
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198 F.3d 752, 757-58 (9th Cir. 1999)).
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Plaintiff has previously filed an amended complaint and an answer has been filed. Plaintiff
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did not file a motion to amend, nor has the Court granted leave to amended. Therefore, it is
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HEREBY ORDERED that the amended complaint, lodged December 6, 2010, is STRICKEN from
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the record.
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IT IS SO ORDERED.
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Dated:
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June 8, 2011
/s/ Sandra M. Snyder
UNITED STATES MAGISTRATE JUDGE
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