Evans v. CSP Sacramento, et al
Filing
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ORDER signed by Magistrate Judge Gregory G. Hollows on 11/15/2011 DENYING plaintiff's 41 motion to amend. (Yin, K)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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KENNETH EVANS,
Plaintiff,
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No. CIV S-10-1969 GEB GGH P
vs.
CSP SACRAMENTO, et al.,
Defendants.
ORDER
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Plaintiff is a state prisoner proceeding pro se and in forma pauperis. He seeks
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relief pursuant to 42 U.S.C. § 1983. On June 6, 2011, defendant filed a motion to dismiss, to
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which plaintiff opposed. On October 5, 2011, the undersigned issued findings and
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recommendations that the motion to dismiss be granted and this action be dismissed for failure to
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exhaust administrative remedies and the state law claim be dismissed for failing to comply with
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the California Tort Claims Act. Plaintiff did not file objections but on November 7, 2011, filed a
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motion to amend. Plaintiff seeks to amend his complaint in order to comply with the California
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Tort Claims Act, though it would appear any filing with the State of California would be late.
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Regardless, plaintiff has no right to amend his complaint as of right at this time as
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he has served it more than 21 days after the filing of the motion to dismiss. Fed. R. Civ. P.
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15(a)(1)(B). In any event, if plaintiff is able to properly comply with the California Tort Claims
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Act he may refile this case.
Accordingly, IT IS HEREBY ORDERED that plaintiff’s motion to amend (Doc.
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41) is denied.
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DATED: November 15, 2011
/s/ Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE
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