David Earl Ray Gallegos v. Traci Carter, et al.

Summary

The United States District Court for the Western District of Washington grants David Earl Ray Gallegos’s motion for leave to file a second amended complaint in his pro se prisoner civil rights action. The court finds no bad faith, undue delay, prejudice, or futility warranting denial of amendment. The court denies without prejudice Gallegos’s motion for appointment of counsel because he has not shown exceptional circumstances.

Holdings

1. Leave to amend was warranted because the record showed no bad faith, undue delay, prejudice, or futility, and the interests of justice favored allowing the proposed amendment despite plaintiff's prior amendment.
2. Appointment of counsel was not warranted at that time because plaintiff failed to establish exceptional circumstances; the motion was therefore denied without prejudice.

Questions Presented

1. Whether plaintiff should be granted leave under Federal Rule of Civil Procedure 15(a) to file a second amended complaint.
2. Whether plaintiff demonstrated exceptional circumstances warranting appointment of counsel under 28 U.S.C. § 1915(e)(1).

Disposition

other