Anthony Mark Herrera, Jr. v. Kathleen Allison, et al.

Summary

The United States District Court for the Eastern District of California grants Anthony Mark Herrera, Jr.’s motion for leave to amend his civil rights complaint under Federal Rule of Civil Procedure 15(a). The court directs him to file a complete first amended complaint within thirty days, limits it to twenty-five pages, and advises that failure to amend will result in screening of the original complaint.

Holdings

1. Leave to amend should be granted because there was no evidence of prejudice, bad faith, undue delay, or futility, and no defendant had been served or appeared.
2. Plaintiff must file a complete first amended complaint rather than a separate document adding or excluding facts from the existing complaint, and the amended complaint may not add unrelated claims.
3. The first amended complaint must be brief, identify what each named defendant did that caused the alleged constitutional deprivation, and contain factual allegations sufficient to raise the right to relief above the speculative level.

Questions Presented

1. Whether plaintiff should be granted leave to amend the complaint under Federal Rule of Civil Procedure 15(a).
2. What procedural requirements apply to plaintiff's first amended complaint.

Disposition

other